. 


Oi- 

T 


LIBRARY 


UNIVERSITY    OF  CALIFORNIA 

Received  Q^&  6ty,  .  , 

V 

Accessions  No.^  &  *f~<?£       Shelf  No. 


GEARY  AND   KANSAS. 


GGVERNOR  GEARY'S  ADMINISTRATION 


IN 


•   KANSAS:"/'"'" 

WITH   A   COMPLETE 

HISTORY   OF   THE   TERRITORY 
UNTIL   JULY  1857: 

EMBRACING   A   FULL   ACCOUNT   OP 

ITS  DISCOVERT,  GEOGRAPHY,  SOIL,   RIVERS,  CLIMATE,   PRODUCTS ;  ITS 

ORGANIZATION  AS  A  TERRITORY,  TRANSACTIONS  AND  EVENTS 

UNDER  GOVERNORS  REKDER  AND  SHANNON,  POLITICAL 

DISSENSIONS,  PERSONAL  RENCOUNTRES,  ELECTION 

FRAUDS,  BATTLES  AND  OUTRAGES. 

ALL    FULLY    AUTHENTICATED. 

BY 

JOHN  H.  GIHON,  M.D., 

PRIVATE  SECRETARY  OF  GOVERNOR  GEARY. 

ff*S'     OP  THR         ^ 

I7EES 


CHAS.    C.    R  H  O  D 
1857. 


l/i^jf^sij  J,^o]  ) 


Entered,  according  to  Act  of  Congress,  in  the  year  1857,  by 
C.  C.  RHODES. 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  in  and  for 
the  Eastern  District  of  Pennsylvania. 


PREFACE. 


IN  giving  this  work  to  the  public,  the  author  has  been  actu 
ated  solely  by  a  sense  of  duty.  Unbiassed  by  any  partisan  or 
personal  considerations,  he  has  related,  in  as  plain  and  com 
prehensive  a  manner  as  possible,  the  facts,  as  they  came  under 
his  own  observation,  were  communicated  to  him  by  individu 
als  immediately  connected  with  the  events  described,  or  have 
been  gleaned  from  other  reliable  sources. 

The  writer  is  alone  responsible  for  the  contents  of  the  book. 
During  his  official  connection  with  Governor  Geary,  he  availed 
himself  of  his  opportunities  for  information,  and  has  substan 
tiated  many  of  his  statements,  by  the  official  documents,  now 
on  file  in  the  Department  of  State  at  Washington,  and  which 
passed  through  his  hands  in  the  executive  office  in  Kansas. 
These  are  public  property,  and  there  has  been  no  impropriety 
or  breach  of  trust  in  their  employment. 

Many  important  incidents  have  been  omitted  for  want  of 
sufficient  corroboration ;  the  writer  having  determined  to  tell 
the  truth,  and  nothing  but  the  truth.  The  whole  truth  can 
only  be  brought  to  light  in  that  great  day  when  all  human 
secrets  and  mysteries  will  be  revealed. 

The  author  cannot  be  accused  of  any  undue  prejudices  in 

'  (3) 


1Y  PREFACE. 

favor  of  the  free-soil  party.  When  he  went  to  Kansas,  all  his 
proclivities  were  on  the  opposite  side,  which  he  did  not  hesi 
tate  to  make  known  on  all  proper  occasions,  and  among  all 
classes  of  people.  The  free-soilers  regarded  him  as  their 
enemy,  and  the  pro-slavery  leaders  received  him  with  marked 
favor  as  a  new  accession  to  their  forces.  With  the  latter  he 
constantly  associated,  and  his  impressions  were  strengthened 
by  their  representations  of  territorial  affairs.  Hence  his  let 
ters  to  the  eastern  papers,  with  which  he  corresponded,  were 
severely  condemnatory  of  the  free-state  party  of  Kansas.  He 
resisted  as  long  as  possible  the  daily  accumulating  evidences 
of  his  error;  but  with  many  others  like  himself,  was  at  length 
forced,  though  unwillingly,  to  acknowledge  the  truth  of  the 
statements  contained  in  this  volume. 

Governor  Geary,  during  his  administration  in  Kansas, 
observed  a  strict  neutrality  in  regard  to  the  question  of  slavery, 
and  invariably  pursued  that  impartial  line  of  policy  which  his 
official  documents  indicate.  He  was,  however,  a  firm  and  un 
wavering  Democrat,  and  for  aught  that  has  appeared  to  the 
contrary,  still  adheres  closely  to  the  party  with  which  he  has 
always  been  associated.  The  writer  is  also  an  advocate  of  the 
true  principles  of  Democracy;  but  he  repudiates  that  new 
plank  which  has  been  surreptitiously  inserted  into  the  Demo 
cratic  platform,  that  gives  to  the  single  idea  of  slavery  ex 
tension  an  ascendancy  over  every  other  consideration. 


CONTENTS. 


CHAPTER  I. 

PAGE 

Description  of  the  Territory. — Its  boundaries — risers — prairies — 
woodlands — soil— climate — appearance — and  general  characteris 
tics  .  ...  .  ,15 


CHAPTER  II. 

Discovery  and  early  exploration  of  Kansas. — The  Indians  of  the  Ter 
ritory. — Their  reserves. — The  Shawnee  Mission        .        .        .        .18 


CHAPTER  III. 

Application  of  Missouri  for  admission  into  the  Union. — The  restric 
tion  and  compromise  bills  of  1818-19-20. — Debates  on  the  Kansas- 
Nebraska  BilL— The  Organic  Act  of  Kansas  Territory  ,  .  v  .  24 


CHAPTER  IV. 

The  organic  act  a  compromise  measure. — Kansas  intended  for  a  slave 
state. — Conduct  of  the  pro-slavery  party. — Persecutions  of  free- 
state  people. — New  England  Emigrant  Aid  Societies. — Public  meet 
ings. — Blue  Lodges. — Invasion  from  Westport. — Arrival  of  Governor 
Reeder. — Judges  of  the  Supreme  Court  .  .  .  «  .  -27 

CHAPTER  V. 

Elections. — Gen.  Whitfield's  politics. — Meetings  in  Missouri  to  control 
the  Kansas  elections. — The  Missouri  press. — The  Lynching  of  Wil 
liam  Phillips. — Outrages  upon  the  free-state  citizens  approved. — 
Destruction  of  the  "  Parkeville  Luminary" 33 

1*  (5) 


VI  CONTENTS. 

CHAPTER  VI. 

PAGB 

Census  returns,  February,  1855.— The  election  of  March  30th.— The 
Legislative  Assembly  .  •  .  .  •  •  .  .  .38 

CHAPTER  VII. 

Removal  of  Governor  Reeder. — Secretary  Woodson. — Assumption  of 
power  by  the  Legislature. — Office-holders  all  pro-slavery  men. — 
Free-state  mass  meetings  and  conventions. — Elections  for  delegate 
to  Congress. — Free-state  Constitution  adopted. — Dr.  Charles  Robin- 
eon  elected  governor. — Meetings  of  the  State  Legislature. — Arrest 
of  Robinson  and  others  for  high  treason. — The  Topeka  Legislature 
dispersed  by  Col.  Sumner  .  .  j  • 41 

CHAPTER  VIII. 

The  Kansas  Legion. — Patrick  Laughlin. — The  murder  of  Collins. — 
Outrages  upon  J.  W.  B.  Kelley. — Rev.  Pardee  Butler  set  adrift  in 
the  Missouri  River  on  a  raft. — Disputes  about  land  claims. — The 
murder  of  Dow. — Portrait  of  Sheriff  Jones. — Arrest  and  rescue  of 
Jacob  Branson »  .  .47 

CHAPTER  IX. 

Governor  Wilson  Shannon. — Consequences  of  the  arrest  and  rescue 
of  Branson. — Meeting  at  Lawrence. — Military  organization  for  de 
fence. — Sheriff  Jones  requires  three  thousand  men. — The  governor 
orders  out  the  militia. — A  general  call  to  arms. — The  governor 
issues  a  proclamation. — War  excitement  in  Missouri. — The  invading 
army. — Governor  Shannon's  excuse 53 

CHAPTER  X. 

The  governor  calls  upon  Colonel  Sumner  for  United  States  troops. — 
Proposition  for  the  Lawrence  people  to  surrender  their  arms. — The 
governor  makes  a  treaty  with  the  free-state  generals. — Dispersion 
of  the  militia  ,  •  59 


CHAPTER  XL 

The  murder  of  Thomas  W.  Barber        .      >  ,        •        •     "•        .        .     65 

CHAPTER  XII. 

Pro-slavery  mob  at  Leavenwortb. — Ballot-box  stolen  and  clerk  beaten. 
— The  jail  and  printing  office  destroyed. — The  election  and  fight 
near  Easton. — Murder  of  Captain  E.  P.  Brown. — Shannon  receives 
authority  to  employ  the  troops. — Congressional  Committee. — Arrival 
of  Buford  and  his  southern  regiment. — Sheriff  Jones  shot  at  Law 
rence. — Rev.  Pardee  Butler  tarred  and  feathered  .  .  <';-.-':' '"*•**!• 


CONTENTS.  Vii 

CHAPTER  XIII. 

PAGE 

Charge  of  Judge  Lecompte  to  the  Grand  Jury.  —  Presentment.  —  Ar 
rests  at  Lawrence.  —  Travellers  interrupted  on  the  highways.  —  The 
murder  of  Jones  and  Stewart.  —  The  sacking  of  Lawrence.  —  Burning 
of  the  hotel  and  destruction  of  printing  offices  .  •  •  .77 

CHAPTER  XIV. 

Murderous  assault  on  a  pro-slavery  company.  —  Captain  John  Brown. 
.  —  Outrages  of  Captain  Pate  at  Osawat- 


torfneT—  Battle  of  Palmyra.  —  Fight  at  Franklin.  —  General  Whitfield's 
army.  —  Colonel  Sumner  disperses  the  contending  armies.  —  Murder 
of  Cantral.  —  Sacking  of  Osawattomie.  —  The  murder  of  Gay,  an  In 
dian  agent.  —  Outrages  at  Leavenworth  and  on  the  Missouri  River  .  86 


CHAPTER  XV. 

Removal  of  Colonel  Sumner  and  appointment  of  General  P.  F.  Smith. 
—  Free-state  refugees  driven  from  Fort  Leavenworth.  —  Immigration 
from  the  North.  —  Destruction  of  pro-slavery  forts  by  free-state 
bands.  —  Murder  of  Major  Hoyt.  —  Defeat  of  the  pro-slavery  forces 
at  Franklin.  —  Colonel  Titus  captured  by  Captain  Walker,  and  his 
house  burned.  —  Alarm  at  Lecompton.  —  Governor  Shannon  makes 
another  treaty  with  the  Lawrence  people  .  .  .  :  .  92 


CHAPTER  XVI. 

Atchison  and  Stringfellow  call  on  Missourians  for  assistance.  —  Mr. 
Hoppe  and  a  teamster  scalped.  —  A  German  murdered  at  Leaven- 
worth.  —  Outrages  upon  a  young  female.  —  Shannon  removed,  and 
Woodson  acting-governor.  —  Atchison  concentrates  an  army  at  Little 
Santa  Fe.  —  General  L.  A.  Maclean  his  commissary.  —  He  robs  the 
settlers  and  the  United  States  mails.  —  Reid  attacks  Brown  at  Osa 
wattomie,  who  retreats  and  the  town  is  sacked  and  destroyed.  — 
Murder  of  Frederick  Brown  and  insanity  of  his  brother  John.  — 
Lane  drives  Atchison  into  Missouri.  —  Outrages  at  the  Quaker  Mis 
sion.  —  Burning  of  free-state  houses.  —  Lane  threatens  Lecompton.  — 
Dead  bodies  found  and  buried.  —  Captain  Emory  murders  Phillips, 
and  drives  free-state  residents  from  Leavenworth  .  97 


CHAPTER  XVII. 

Appointment  of  Governor  Geary. — His  departure  for  Kansas. — Arrival 
at  Jefferson  City. — Interviews  with  Governor  Price. — Removal  of 
obstructions  on  the  Missouri  River. — Departure  on  steamboat  Key 
stone. — Scenes  at  Glasgow. — Captain  Jackson's  Missouri  volunteers. 
— What  Reeder  did. — Arrival  at  Kansas  City. — Description  of  Border 
Ruffians. — Who  comprise  the  Abolitionists. — Appearance  and  condi 
tion  of  Leavenworth  City 103 


Vlll  CONTENTS. 

CHAPTER  XVIII. 

PAGE 

Arrival  at  Fort  Leavenworth. — General  P.  F.  Smith. — Free-state  men 
driven  from  Leavenworth  City. — Pressed  horses. — John  D.  Hender- 
pon. — Violation  of  the  United  States  safeguard. — Arrest  of  Captain 
Emory. — Character  of  his  company. — Governor  Geary's  letter  to 
Col.  Clarkson.— Rev.  Mr.  Nute.— District  Attorney  Isacks  .  .  109 

CHAPTER  XIX. 

Fort  Leavenworth. — D^partug^^Wlje^ompton. — Barricade  at  Leaven 
worth  City. — Excuse  for' Ikirder  Ruffian  outrages. — Terror  of  James 
H.  Lane. — Hair  breadth  escapes. — Anecdotes  of  the  times. — Robbery 
at  Alexandria. — A  chase  and  race. — The  robbers  overtaken. — Arrival 
at  Lecompton. — Letter  to  the  Secretary  of  State. — Two  men  shot  at 
Lec-oinpton  .  .  .  .  .  .  .  .  .  .  .114 

CHAPTER  XX. 

The  town  of  Lecompton. — Its  location  and  moral  character. — The  ac 
counts  of  their  grievances  by  the  pro-slavery  party. — Policy  indi 
cated  by  that  party  for  Governor  Geary. — The  Inaugural  address. — 
Proclamations  ordering  the  dispersion  of  armed  bodies,  and  for 
organizing  the  militia  of  the  territory  .  .  .  .  .  .122 


CHAPTER  XXI. 

Gloomy  prospect  for  Governor  Geary's  administration. — Determination 
to  make  Kansas  a  slave  state. — Opposition  to  the  new  governor. — 
Address  to  the  people  of  the  slave  states. — Secretary  Woodson's 
proclamation  ...••«..  .•.  127 


CHAPTER  XXII. 

The  Missouri  army. — Orders  to  the  adjutant  and  inspector-generals  of 
the  territory. — Dispatch  to  Secretary  Marcy. — Dispatches  from  Gene 
ral  Heiskell. — Message  from  the  governor's  special  agent. — Requi 
sition  for  troops. — Visit  of  the  governor  to  Lawrence,  and  return  to 
Lecompton  ...........  133 


CHAPTER  XXIII. 

Excitement  at  Lecompton. — Affidavit  of  W.  F.  Dyer. — Requisition  for 
troops. — The  battle  at  Hickory  Point. — Arrest  of  one  hundred  and 
one  free-state  prisoners. — The  killing  of  Gray  son,  a  pro-slavery  man. 
Treatment  of  the  prisoners. — Conduct  of  Judges  Lecompte  and  Cato. 
— Trial  and  sentence  of  the  prisoners,  and  their  subsequent  treat 
ment  .  .  139 


CONTENTS.  U 

CHAPTER  XXIV. 

PACK 

The  Missouri  army  of  invasion. — Letter  from  Theodore  Adams. — Go 
vernor  Geary  proceeds  with  troops  to  Lawrence,  and  protects  the 
town. — The  governor  visits  the  camp  of  the  Missourians,  addresses 
the  officers,  and  disbands  the  force  .  •  •  •  •  •  .  143 

CHAPTER  XXV. 

Improved  condition  of  things. — Attempt  to  resurrect  the  courts  and 
incite  the  judges  to  the  performance  of  their  duty. — Judges  Burrell, 
Cato  and  Lecompte. — The  examination  and  trial  of  free-state 
prisoners. — Directions  to  Judge  Cato. — Letters  to  the  Supremo 
Judges. — Replies  of  Judges  Cato  and  Lecompte. — Great  criminals 
permitted  to  run  at  liberty. — Discharge  of  free-state  men  on  bail. 
— Judge  Lecompte's  defence  .  .  .  •  •  •  •  .  157 

CHAPTER  XXVI. 

The  murder  of  Buffum. — Warrant  for  the  arrest  of  the  murderer. — 
Partial  conduct  of  the  marshals. — Reward  offered. — Indignation  of 
free-state  citizens. — Arrest  of  Charles  Hays  .....  166 


CHAPTER  XXVII. 

Discharge  of  Hays  by  Judge  Lecompte. — Order  for  his  re-arrest. — Con 
duct  of  Marshal  Donalson. — Col.  Titus  re-arrests  Hays,  who  is  again 
set  at  liberty  by  Lecompte  on  a  writ  of  habeas  corpus. — President 
Pierce  and  the  United  States  Senate  on  the  case  of  Lecompte. — Let 
ter  from  Secretary  Marcy  asking  explanations. — Governor  Geary's 
reply. — Judge  Lecompte's  letter  of  vindication  ....  172 


CHAPTER  XXVIII. 

The  United  States  Marshal.— His  deputies.— Requisitions  for  United 
States  soldiers. — Visit  of  the  governor  to  Topeka,  and  arrest  of  pri 
soners. — An  address  to  the  citizens  of  Topeka. — Report  of  the  mar 
shal. — Requisition  declined,  and  an  evil  practice  discontinued  .  181 


CHAPTER  XXIX. 

Arrival  of  free-state  immigrants,  and  their  treatment  and  discharge    .  187 

CHAPTER  XXX. 

Peace  and  quiet  prevailing. — Visit  to  Lawrence. — Proclamation  of  the 
Mayor  of  Leavenworth. — Suspension  of  the  liquor  traffic  in  Lecomp- 
ton. — Organization  of  militia. — Escort  for  wagons  furnished. — An 
other  election  ...........  192 


X  CONTENTS. 

CHAPTER  XXXI. 

PAGE 

Notes  of  a  journey  of  observation          .        .        .        .        »1  >.     .        .195 

CHAPTER  XXXII. 

The  capitol  building. — Captain  Donaldson  dismisses  Justice  Nelson's 
court. — Captain  Walker  surrenders  himself. — Dragoons  required  for 
detached  service. — Bad  postal  arrangements. — Free-state  prisoners 
removed  to  Tecumseh. — The  governor  at  Leavenworth. — Report  of 
a  deputation  sent  to  arrest  marauders  .  .  •  -  .  .  .  .  205 

CHAPTER  XXXIII. 

Pay  of  the  militia. — Settlers  ordered  from  Indian  reserve. — Sales  of 
Delaware  trust  lands. — No  prison  in  Kansas. — The  capital  appro 
priation. — Governor  Geary  between  two  factions. — False  reports. — 
Settlement  of  Hyattville.— Peace  still  prevailing  .  .  .  .209 

CHAPTER  XXXIV. 

The  Topeka  Legislature. — Arrest  of  its  members. — Appropriation  of 
Vermont  Legislature  for  the  suffering  poor  of  Kansas  .  .  .  214 


CHAPTER  XXXV. 

Meeting  of  the  Territorial  Legislative  Assembly  at  Lecompton    .        .218 

CHAPTER  XXXVI. 

Act  of  the  Legislative  Assembly,  to  authorize  courts  and  judges  to 
admit  to  bail  in  all  cases. — Veto  message  of  the  governor. — The  bill 
passed. — Clarke  and  others  bailed  under  the  new  law  .  .  .  222 

CHAPTER  XXXVII. 

Resolution  of  the  legislature  asking  the  governor's  reasons  for  not 
commissioning  Win.  T.  Sherrard — Governor  Geary's  •  reply — Con 
duct  of  the  legislators — Violence  of  Sherrard  .....  227 

CHAPTER  XXXVIII. 

Sherrard's  abettors — Attempt  to  assassinate  Governor  Geary — Action 
of  the  legislature — Conduct  of  Judge  Cato — Public  indignation  meet 
ings — Outrage  at  a  Lecompton  meeting,  resulting  in  the  shooting 
and  death  of  Sherrard  .233 


CONTENTS.  XI 

CHAPTER  XXXIX. 

PAGE 

How  the  pro-slavery  leaders  in  Lecompton  held  large  and  enthusiastic 
town  meetings — Incendiary  meeting  at  Lecompton — Calhoun's  speech 
and  sentiments — The  Kansas  laws  not  created  to  punish  pro-slavery 
criminals  .  .  244 


CHAPTER  XL. 

Meeting  of  a  pro-slavery  convention  at  Lecompton. — Discussion  be 
tween  Hampton  and  Maclean. — Sheriff  Jones  endorsed. — Organiza 
tion  of  the  national  democratic  party  of  Kansas. — A  novel  platform. 
— The  national  administration  favors  the  pro-slavery  movements  in 
Kansas. — Analysis  of  the  cabinet. — Governor  Geary  offered  the 
United  States  senatorship. — Calhoun's  address  to  the  people  of  the 
United  States. — Misrepresentations  of  its  author  exposed  .  .  252 


CHAPTER  XLL 

Passage  of  the  census  bill. — Governor  Geary's  veto  message. — The 
manner  in  which  the  census  was  taken. — Repeal  of  the  test  laws. — 
Adjournment  of  the  Legislature. — Secretary  Marcy  and  the  Topcka 
Legislature. — Letter  to  the  Secretary  of  State. — Arrest  of  a  fugitive. 
— Rencontre  at  Topeka. — Complaint  of  prisoners. — Breaking  up  of 
the  Kansas  River  ..........  260 


CHAPTER  XLIL 

Governor  Geary's  instructions.— The  United  States  troops.— Enrol 
ment,  mustering  and  discharge  of  the  militia. — The  troops  withheld 
from  the  service  of  the  governor 272 


CHAPTER  XLIIL 

Resignation  of  Governor  Geary. — His  Farewell  Address      .        .        .  287 

CHAPTER  XLIV. 

Election  of  a  free-state  mayor  at  Leavenworth. — Arrest  of  the  mur 
derer  of  Hoppe. — Resignation  of  Judge  Cunningham. — Appointment 
of  Judge  Williams. — Removal  of  Judge  Lecompte. — Taking  of  the 
census.— Hon.  Robert  J.  Walker  .  299 


Xll  CONTENTS. 

CHAPTER  XLV. 

Arrival  in  Kansas  of  Secretary  Stanton  and  Governor  Walker.— The 
policy  of  the  new  administration. — Disapprobation  of  the  pro- 
slavery  party  .  •.',-• 305 

\ 

APPENDIX. 

Message  of  Gov.  Geary  to  the  Legislative  Assembly    .  .  309 

Inaugural  Address  of  Gov.  Walker .323 


HISTOEY  OF  KANSAS. 


CHAPTER  I. 

Description   of  the   Territory, — Its   boundaries — rivers — prairies — wood 
lands — soil — climate — appearance — and  general  characteristics. 

THE  territory  of  Kansas  is  a  strip  of  land  over  two  hundred 
miles  in  width,  extending  from  the  western  boundary  of  Mis 
souri  to  the  highest  ridge  of  the  Rocky  Mountains.  It  is 
bounded  on  the  north  by  the  territory  of  Nebraska;  on  the 
east  by  the  state  of  Missouri ;  on  the  south  by  the  Indian  Ter 
ritory  and  New  Mexico :  and  on  the  west  by  the  territory  of 
Utah. 

Its  principal  river  is  the  Kaw  or  Kansas,  which  empties 
into  the  Missouri  in  latitude  39°,  and  longitude  94°,  at  the 
southern  point,  where  that  river  separates  the  territory  from 
the  state  of  Missouri.  It  flows  eastward  to  this  point,  receiv 
ing  in  its  course  many  tributaries,  some  of  which,  the  Repub 
lican  and  the  Smoky  Hill  Forks,  take  their  rise  in  the  Rocky 
Mountains. 

The  north-western  portion  of  the  territory  is  watered  by  the 
tributaries  of  the  Platte,  which  flows  through  Nebraska ;  and 
the  eastern  and  southern  districts  by  the  Osage  and  Upper 
Arkansas  and  their  branches. 

None  of  these  streams  are  navigable.  A  light-draught 
steamboat  has  passed  up  the  Kansas  more  than  one  hundred 
miles,  to  Fort  Riley;  but  very  few  attempts  have  been  made 
2  (13) 


14  HISTORY  OP  KANSAS. 

to  repeat  the  experiment.  They  might  be  successful,  with  a 
boat  drawing  from  twelve  to  twenty  inches  of  water,  two  or 
three  months  in  the  year.  The  bed  of  this  river  is  wide,  and 
the  bottom  a  quicksand,  which  is  constantly  shifting  with  the 
current,  forming  bars  and  changing  the  course  of  the  channel. 
Its  water  is  always  muddy,  like  that  of  the  Missouri,  whilst 
some  of  the  streams  that  empty  into  it  are  remarkable  for  their 
clearness  and  purity.  A  number  of  these  branches  which, 
during  the  seasons  of  freshets,  swell  to  streams  of  considerable 
magnitude,  are  perfectly  dry  the  greater  portion  of  the  year, 
although  in  many  places  pure  water  can  be  obtained  a  short 
distance  below  the  dry  surface. 

The  only  portion  of  the  territory  that  possesses  any  peculiar 
value  for  agricultural  purposes,  is  the  eastern  district,  extend 
ing  from  the  northern  to  the  southern  boundary,  and  varying 
from  one  hundred  to  two  hundred  miles  westward  from  the 
Missouri  line.  This  district  is  remarkable  for  the  exquisite 
beauty  of  its  scenery,  and  the  unrivalled  fertility  of  its  soil. 
It  is  a  high  rolling  prairie,  covered  in  the  summer  months 
with  tall  grass,  sprinkled  with  an  immense  variety  of  beautiful 
flowers,  and  over  which  the  eye  has  an  unbroken  prospect  for 
many  miles  in  extent. 

The  soil  is  a  rich  black  loam,  several  feet  deep,  with  a  po 
rous  clay  subsoil,  resting  upon  a  limestone  basis,  and  is  capa 
ble  of  producing  hemp,  maize,  wheat,  and  all  the  grains,  vege 
tables  and  fruits  common  to  temperate  regions,  in  vast 
abundance  and  in  great  perfection. 

Timber  is  confined  exclusively  to  the  margins  of  the  nume 
rous  rivers  and  creeks,  along  the  smaller  of  which  it  consists 
chiefly  of  stunted  oaks,  cotton-wood,  &c.,  insignificant  in 
quantity  and  of  but  little  value.  But  the  banks  of  the  Kan 
sas,  Osage,  Arkansas,  Wakarusa,  and  other  of  the  more  im 
portant  streams,  are  lined  with  wide  strips  of  forest,  embra 
cing  large  quantities  of  heavy  and  valuable  timber,  among 
which  are  found  white  and  black  oak,  walnut,  hickory,  elm, 
ash,  sycamore,  maple,  cotton-wood,  and  other  useful  varieties. 

There  is  an  abundance  of  excellent  stone  for  building  pur 
poses  in  all  this  region,  and  good  coal  is  said  to  be  plentiful. 

The  only  game  worth  naming  is  the  prairie-fowl  or  grouse, 
and  this  is  not  so  abundant  as  in  Illinois.  But  few  fish  are 
found  in  the  streams,  the  varieties  being  chiefly  the  buffalo 
and  catfish,  the  latter  attaining  an  enormous  size,  and,  like 
those  of  the  Mississippi  River;  scarcely  fit  for  food. 


DESCRIPTION  OF  THE  COUNTRY.  15 

The  country  west  of  this  district,  for  a  number  of  miles,  is 
well  described  in  a  letter  dated  December  27th,  1856,  ad 
dressed  to  Governor  Geary  by  Lieutenant  Francis  T.  Bryan, 
of  the  United  States  corps  of  Engineers,  and  furnishing  an 
account  of  a  journey  he  had  just  completed. 

"  My  route/'  he  says,  "  can  easily  be  followed  on  the  map 
accompanying  Stansbury's  report,  or,  indeed,  any  other  relia 
ble  map  of  the  Territory.  Leaving  Fort  Riley,  I  went  up  the 
Republican  River  for  one  hundred  and  five  miles.  This  val 
ley  is  fertile,  and  is  cut  by  many  creeks,  with  wooded  banks. 
Out  of  the  valley,  or  bottom  of  the  river,  the  country  is  high 
and  covered  with  short  buffalo  grass.  The  stone  of  the 
country  is  limestone. 

"  Leaving  the  Republican,  the  route  led  over  the  high  prai 
rie  thirty-five  miles  to  the  Little  Blue  River,  crossing  several 
small  creeks,  with  wooded  banks.  .This  country,  I  think, 
would  be  too  dry  for  agricultural  purposes.  Crossing  the 
Little  Blue,  the  route  lies  along  its  banks  for  about  fifteen 
miles,  and  then  leaving  the  river,  goes  to  the  Platte,  touching 
several  water  holes.  From  the  point  where  the  road  first 
touches  the  Platte  to  Fort  Kearney,  is  about  fifteen  miles,  and 
along  the  valley  of  the  Platte.  The  distance  from  Fort  Riley 
to  Fort  Kearney  we  made  one  hundred  and  ninety-three 
miles. 

"  From  Fort  Kearney  the  route  lay  along  the  valley  of  the 
Platte  for  about  two  hundred  miles.  This  valley  is  too  well 
known  to  need  any  description.  There  is  little  or  no  wood, 
and  the  soil  is  sandy.  Any  attempt  at  agriculture,  I  think, 
would  prove  a  failure. 

"  Crossing  the  South  Platte  below  the  mouth  of  Pole  Creek, 
we  followed  the  creek  to  its  head  in  the  Black  Hills.  The 
country  is  generally  high,  grass  mostly  short,  and  no  wood  for 
most  of  the  distance.  Buffalo  chips  are  used  for  fuel.  Pole 
Creek  breaks  through  two  ranges  of  hills,  which  we  called  Pine 
Bluffs  and  Cedar  Bluffs.  These  are  the  only  points  where 
wood  can  be  obtained  along  the  creek  until  the  Black  Hills 
are  reached.  Grass  can  be  found  in  spots. 

"  The  route  then  crossed  the  Black  Hills,  where  was  plenty 
of  fuel  and  water,  but  very  little  grass.  Leaving  these  hills, 
we  found  ourselves  in  the  Plains  of  Laramie,  and  crossed  the 
east  branch  of  the  Laramie  River  at  about  five  miles  from  the 
foot  of  the  hills.  About  four  miles  further  appears  the  first 


16  HISTORY  OP  KANSAS. 

fork  of  Lararaie  River.  Both  of  these  streams  have  good 
water  and  good  grass,  but  little  fuel. 

"  We  then  struck  the  emigrant  road  near  the  Medicine  Bow 
Mountains,  and  followed  it  to  the  crossing  of  the  South  Platte, 
having  wood,  water  and  grass  at  convenient  distances.  The 
road  is  over  a  gravelly  soil,  and  is  generally  very  good  and 
hard.  Hard  stone,  such  as  granites,  £c.,  is  found  in  these 
parts. 

"  Crossing  the  South  Platte,  we  struck  for  the  head  of  Sage 
Creek,  over  a  most  barren  and  desolate-looking  country.  Very 
little  fuel  or  grass.  Water  was  in  abundance,  and  small 
patches  of  grass  and  clumps  of  trees  were  found  in  the  hills. 
Coal  was  found  on  the  South  Platte,  a  few  miles  from  where 
we  crossed  it,  and  in  a  situation  where  it  could  easily  be 
worked. 

"  Buffaloes  were  seen  in  large  numbers,  from  the  Republi 
can  over  to  the  Platte,  and  for  some  days  up  the  Platte.  Then 
the  game  consisted  almost  entirely  of  deer.  In  the  Black 
Hills,  and  through  the  Plains  of  Laramie,  antelopes,  wolves, 
and  elks  were  seen  and  killed,  besides  prairie  dogs,  hares,  sage 
chickens,  &c. 

11  The  country  through  which  we  had  passed  on  the  outward 
route,  was,  with  little  exception,  sterile,  being  too  high,  dry  and 
stony  to  possess  much  value  in  an  agricultural  point  of  view. 
Along  the  creeks  were  some  small  strips  of  wood  land. 

"  The  return  route  was  over  the  same  country  as  the  out 
ward  route  until  we  reached  the  east  fork  of  the  Laramie 
River.  Then  turning  to  the  south  we  followed  the  Cache-la- 
Paudre  to  its  mouth  in  the  South  Platte,  passing  over  several 
very  pretty  valleys,  and  having  plenty  of  wood  and  grass.  Fol 
lowing  down  the  South  Platte  for  several  days,  we  came  to  where 
the  river  turns  to  go  north.  The  country  is  the  same  as  else 
where  on  the  Platte.  Then  sixty  miles  across  a  barren  region 
of  land  and  hills,  with  little  water  or  grass,  to  a  ereek  emptying 
into  the-  Republican.  For  the  first  one  hundred  miles  down 
the  Republican  the  country  is  barren  and  sandy,  with  little 
wood.  It  then  improves.  The  soil  is  better,  and  there  are 
numerous  creeks  with  wooded  banks.  The  river  bottom  is  of 
good  soil,  and  furnishes  excellent  grass  in  large  quantity,  which 
affords  pasturage  to  immense  numbers  of  buffaloes.  This  kind 
of  country  continues  on  to  Fort  Riley. 

"  Along  the  main  streams  of  the  Platte,  Republican,  and 
Solomon's  Fork,  the  wood  is  almost  entirely  cotton-wood.  On 


DESCRIPTION  OF  THE  COUNTRY.  17 

the  creeks  which  empty  into  them,  it  is  generally  hard  wood, 
such  as  ash,  elm,  walnut,  &c.  On  the  Solomon's  Fork,  the  soil 
of  the  bottom  land  appears  even  better  than  that  on  the  Re 
publican,  and  the  wooded  creeks  quite  as  numerous.  These 
bottoms  are  very  wide  in  places,  and  covered  with  excellent 
grass.  Buffaloes  and  elk  are  found  in  this  region  also,  and  in 
great  numbers. 

"I  have  thus  given  you  a  hasty  view  of  the  country  over 
which  we  have  passed.  That  along  the  lower  part  of  the  Re 
publican  and  Solomon's  Fork  appears  to  be  by  far  the  best  that 
we  saw,  though  there  are  some  very  pretty  spots  on  the  creeks 
in  the  mountains;  but  there  is  no  good  land  in  large  bodies  in 
that  region." 

The  section  beyond  that  travelled  by  Lieut.  Bryan,  embra 
cing  the  space  between  the  Black  Hills  and  the  main  chain  of 
the  Rocky  Mountains,  is  thus  described  by  another  writer : — 

"  Here  nature  has  presented  us  with  every  variety  and  aspect 
of  soil.  There  are  stupendous  mountains,  the  grandeur  and 
sublimity  of  which  create  mingled  emotions  of  awe  and  terror. 
There  are  beautiful  valleys,  embosomed  by  amphitheatres  of 
hills,  where  Calypso  and  her  nymphs  might  have  delighted  to 
ramble,  variegated  by  hill  and  dale,  traversed  by  sparkling 
rivulets,  and  adorned  with  placid  lakes.  Fruits  and  flowers 
epangle  the  green  sward }  vines  hang  in  festoons  from  tree  to 
tree ;  cascades  spring  in  rainbow  hues  from  the  cliffs;  pines  and 
cedars,  the  growth  of  ages,  spread  their  sombre  shade  upon  the 
mountain  sides,  and  the  stupendous  peaks,  shooting  up  into  the 
skies,  are  crowned  with  a  glittering  coronet  of  snow. 

"  A  few  hours'  travel  leads  us  out  of  this  scene  of  primeval 
beauty  into  one  in  intense  contrast  with  it.  Here  we  find  a 
sterile  expanse  of  many  miles  in  extent,  covered  with  waving 
lines  of  sand,  producing  only  stunted  artemesia  and  a  few  other 
miserable  plants.  The  rivulets  are  lost  as  they  descend  from 
the  bare  ridges  around ;  their  hollow  murmurs  may  be  heard 
beneath  the  feet ;  and  the  surrounding  peaks  are  immense 
piles  of  bare  granite,  which  seem  to  have  been  thrown  by  some 
great  convulsion  into  inextricable  confusion." 

The  climate  is  not  so  agreeable  as  in  the  same  latitudes 
nearer  the  Atlantic  sea-board.  It  is  dry  and  variable.  The 
changes  of  weather  are  frequent,  sudden,  and  severe,  the 
thermometer  not  unfrequently  rising  and  falling  thirty  or  forty 
degrees  in  a  few  hours.  This  is  specially  the  case  during  the 
2*  B 


18  HISTORY  OF  KANSAS. 

winter   season.      High   winds  are  very  prevalent,   sweeping 
fiercely  and  almost  daily  over  the  unbroken  prairies. 

Along  the  banks  of  the  rivers  and  smaller  streams,  the  only 
places  where  settlements  to  any  extent  have  yet  been  made, 
bilious  and  intermittent  fevers  are  as  common  as  in  more 
southern  latitudes  on  the  Mississippi  River.  The  progress  of 
agriculture  will  not  improve  the  condition  of  the  country  in 
this  regard,  as  an  unhealthy  miasma  must  necessarily  arise 
from  turning  under  to  any  great  extent  the  heavy  sod,  and  ex 
posing  the  rich  soil  to  the  atmosphere  and  the  rays  of  the  sun. 
This  will  in  a  measure  be  counterbalanced  by  the  erection  of 
more  substantial  and  suitable  habitations  for  the  people,  the 
supply  of  a  greater  variety  of  wholesome  food,  and  other  sources 
and  means  of  health  and  comfort.  To  the  want  of  these,  as 
well  as  to  the  unsteady  habits  of  a  large  portion  of  the  popu 
lation,  may  justly  be  attributed  much  of  the  sickness  that  has 
heretofore  prevailed. 


CHAPTER  II. 

Discovery  and  early  exploration  of  Kansas. — The  Indians  of  the  Terri 
tory. — Their  reserves. — The  Shawnee  Mission. 

THE  discovery  of  the  valley  of  the  Missouri  is  said  to  have 
been  made  by  Father  Marquette,  a  French  missionary,  about 
the  year  1673 ;  and  that  portion  of  the  country  now  embraced 
in  the  Territory  of  Kansas,  appears  to  have  first  been  explored 
by  M.  Dutisne,  a  French  officer,  sent  by  his  government  for 
that  purpose,  in  1719.  At  that  time  it  was  claimed  as  part  of 
the  empire  of  Louis  XIV.  In  1762,  it  was  ceded  by  France 
to  Spain,  and  thus  passed  under  the  dominion  of  the  Spanish 
crown;  but  subsequently,  (in  1800,)  it  was  ceded  back  to 
France.  In  1801  it  came  into  the  possession  of  the  United 
States,  through  the  negotiation  of  Thomas  Jefferson,  by  which, 
for  fifteen  millions  of  dollars,  he  purchased  all  the  western 
territory  belonging  to  the  French  government. 

When  first  discovered  to  the  civilized  world,  and  until 
within  a  very  few  years,  the  Territory  of  Kansas  was  occupied 
solely  by  a  few  roving  tribes  of  Indians,  whose  subsistence 
Was  obtained  by  hunting.  There  were  no  civilized  residents, 


INDIAN  RESERVES.  19 

in  fact,  until  about  the  time  of  its  organization,  except  the 
few  Christian  missionaries  who  went  there  to  convert  the 
Indians ;  the  soldiers  by  whom  the  forts  were  garrisoned ;  the 
fur  traders;  and  such  of  the  Indians  who  had  mingled  with 
the  white  people  in  other  districts,  or  were  connected  with  the 
missions. 

No  use  was  made  of  this  country  by  the  government,  until, 
it  becoming  necessary  to  remove  the  Indian  tribes  occupying 
districts  where  the  progress  of  civilization  rendered  it  inex 
pedient  for  them  to  remain,  some  of  its  best  lands  were  granted 
to  them  by  treaty,  upon  which  they  settled,  and  have  since 
possessed.  These  tribes  are  the  Shawnees,  Delawares,  Po- 
tawattomies,  Wyandots,  Kickapoos,  Ottowas,  Chippewas,  Sacks 
and  Foxes,  Peorias  and  Kaskaskias,  Weas  and  Piankshaws. 

The  immense  tracts  of  land  appropriated  to  the  use  of  these 
Indians,  were,  at  the  time  the  treaties  were  severally  made, 
considered  of  little  importance  ;  but  the  great  flood  of  civilized 
emigration  that  has  steadily  bcon  pouring  westward,  has  so 
increased  their  value  as  to  render  their  owners  the  wealthiest, 
though  the  most  miserable  population  in  the  world. 

The  reservation  of  the  Wyandots,  but  few  in  number,  was 
purchased  from  the  Delawares,  and  is,  perhaps,  the  most 
eligible  and  valuable  in  the  Territory.  It  is  the  fork  at  the 
confluence  of  the  Kansas  and  Missouri  Rivers.  It  extends 
six  miles  from  the  mouth  of  the  Kansas,  and  embraces  twenty- 
three  thousand,  nine  hundred  and  sixty  acres.  The  towns  of 
Wyandot  and  Quindaro,  both  of  which  promise  to  be  of  some 
importance,  are  upon  this  reserve.  The  shares  in  these  towns 
have  recently  attracted  the  attention  of  speculators,  and  have 
reached  and  obtained  almost  fabulous  prices.  A  Wyandot 
Indian,  (half  breed,)  named  Walker,  is  at  the  head  of  this 
speculative  movement,  and  was  a  member  of  the  late  Legisla 
tive  Assembly  of  Kansas.  He  is  a  shrewd  and  intelligent 
man,  and  will  make  the  most  of  his  opportunities  to  acquire  a 
princely  fortune. 

Immediately  above  the  Wyandot  begins  the  Delaware  re 
serve.  It  stretches  along  the  north  side  of  the  Kansas  River 
westward  forty  miles,  and  to  an  equal  or  greater  distance  north 
ward  on  the  Missouri.  It  is  a  beautiful  tract  of  prairie  and 
woodland,  and  lies  in  a  position  to  give  it  eminent  advantages 
and  make  it  especially  valuable.  Leavenworth  City  is  built 
upon  this  reservation,  the  entire  northern  portion  of  which 
has  for  some  time  been  covered  with  squatters,  in  violation  of 


20  HISTORY  OP  KANSAS. 

the  Indian  treaty,  and  in  despite  of  a  protest  issued  by  the 
chiefs  of  the  tribe.  The  whole  of  this  large  reserve,  however, 
was  sold  in  November,  1856,  agreeably  to  a  treaty  made  with 
the  Delawares  on  the  6th  of  May,  1854,  except  a  strip  on  the 
north  side  of  the  Kansas  River,  forty  miles  long  and  ten  miles 
wide.  According  to  the  Proclamation  of  the  President,  the 
lots  were  to  have  been  sold  at  public  auction  to  the  highest 
bidder,  after  having  been  appraised  by  appointed  commis 
sioners,  none  of  them  to  be  disposed  of,  however,  at  prices 
lower  than  were  fixed  by  the  appraisement.  But  at  a  meeting 
of  the  squatters,  if  was  resolved  that  no  competition  should 
be  permitted  at  the  sales ;  that  each  man  should  be  allowed 
to  purchase  his  own  claim  at  the  appraised  value ;  and  to 
commit  violence  upon  those  who  should  attempt  to  bid  against 
him.  This  arrangement  was  mutually  agreed  to  by  the  auc 
tioneer,  the  Indian  agent,  the  settlers,  and  the  speculators, 
many  of  whom  had  assembled  from  distant  parts,  at  Fort 
Leavenworth,  where  the  sales  were  conducted.  It  was  argued 
that  the  settlers  having  improved  the  lands  and  thus  enhanced 
their  value,  the  government  would  do  them  injustice  by 
allowing  others  to  purchase,  and  thus  deprive  them  of  the 
money  and  labor  they  had  bestowed  upon  their  claims.  The 
proper  reply  was,  that  they  had  violated  a  treaty  of  the  go 
vernment  with  the  Indians,  in  making  those  settlements  and 
improvements,  and  instead  of  being  rewarded  were  deserving 
of  punishment  for  that  act.  But  then,  again,  the  government 
had  neglected  its  duty  in  not  driving  these  squatters  from 
their  settlements  before  the  improvements  were  made.  In 
allowing  them  to  remain  their  right  was  virtually  acknowledged. 
At  all  events,  the  lands  were  sold ;  squatter  sovereignty  pre 
vailed  ;  and  the  Indians  received  more  money  for  their  pos 
sessions  than  they  had  any  reason  to  expect,  quite  as  much  as 
they  deserved,  and  too  much  for  their  own  best  interests. 
The  balance  of  this  reserve  is  now  covered  with  squatters, 
some  of  them  having  staked  out  and  laid  claims  to  entire 
sections,  and  the  same  policy  is  being  pursued  toward  it  as 
that  which  governed  the  trust  lands  that  were  sold. 

The  half-breed  Kaws,  of  whom  there  are  but  several,  own 
a  tract  of  heavy  woodland,  equal  in  value  to  any  in  the  ter 
ritory,  directly  west  of  the  Delaware  reserve  on  the  north  side 
of  the  Kansas  River.  This  is  the  tract,  for  speculating  in 
which,  Governor  Reeder  and  Judges  Elmore  and  Johnson 
were  ostensibly  removed  from  office ;  though  it  is  alleged  in 


SQUATTER  SOVEREIGNTY.  21 

some  quarters,  that  there  were  stronger  reasons  than  his  desire 
to  purchase  a  few  acres  of  Indian  lands,  that  actuated  the 
powers  at  Washington  in  this  measure,  so  far  as  the  governor 
was  concerned.  This  reserve,  like  every  other  in  the  terri 
tory,  is  now  covered  with  squatters  who  are  making  fortunes 
by  cutting  the  fine  timber  fc  r  the  neighboring  saw-mills,  and 
are  unmolested  by  the  Indian  agents. 

The  Potawattomie  reserve  is  a  spacious  tract  west  of  the 
Kaws,  and  lying  on  both  sides  of  the  Kansas  River.  This 
reserve  is  also  taken  up  by  settlers,  who,  without  being  dis 
turbed  by  the  government  agents,  are  making  the  best  of 
their  time  by  cutting  the  timber  for  fuel  and  building  pur 
poses. 

Just  south  of  the  northern  line  of  Kansas,  on  the  Missouri 
River,  there  is  a  reservation  for  the  lowas,  another  for  the 
Sacks  and  Foxes  from  Missouri,  and  a  colony  of  half-breeds. 
The  Sacks  and  Foxes  from  the  Upper  Mississippi  are  located 
on  the  Osage  River.  These  reserves  are  small,  and  the  tribes 
number  but  few  families. 

The  land  assigned  to  the  Kickapoos  is  a  fine  tract  of  prai 
rie  country,  of  about  twelve  hundred  square  miles,  westward 
and  northward  of  the  Delaware  reservation  and  south  of  the 
small  tribes  above  named. 

The  Shawnees  is  the  most  important  tribe  in  the  territory. 
They  are  more  numerous  and  farther  advanced  than  any  others 
in  civilization.  Their  reserve  is  one  of  the  most  fertile  tracts 
of  laud,  chiefly  prairie,  in  Kansas.  It  is  well  watered  with 
several  considerable  streams  and  has  an  abundance  of  excel 
lent  timber.  It  lies  on  the  Missouri  border  south  of  the 
Kansas  River,  and  covers  a  space  of  country  equal  in  extent 
to  about  fifty  miles  square.  While  the  late  legislature  were 
making  arrangements  for  the  passage  of  a  law  to  take  the 
census  of  Kansas  preparatory  to  an  election  for  delegates  to 
form  a  State  Constitution,  about  three  thousand  citizens  of 
Missouri,  partly  to  seize  upon  the  Indian  lands,  and  partly  to 
be  registered  as  voters  to  carry  out  the  object  of  the  contem 
plated  act,  were  rushing  across  the  border  and  staking  out 
claims  upon  this  reservation.  On  every  quarter  section  they 
laid  what  they  call  a  u  foundation."  This  is  done  by  placing 
four  poles  upon  the  ground  in  the  form  of  a  square.  In  order 
to  conform  as  they  supposed,  more  fully  to  the  letter,  if  not 
the  spirit  of  the  pre-emption  laws,  some  of  these  ingenious 
squatters,  also  "roofed  in"  their  "foundations."  This  was 


22  HISTORY  OF  KANSAS. 

accomplished  by  standing  a  pole  upright  in  the  centre  of  -the 
square  and  nailing  to  the  top  of  it  a  half-dozen  shingles  to  re 
present  a  roof,  in  looking  at  these  singular  creations,  it  is 
difficult  to  determine  which  most  to  admire,  the  ingenuity  or 
the  dishonesty  which  could  prompt  men  to  resort  to  such  mis 
erable  pretexts  to  avail  themselves  unjustly  of  the  benefit  of  a 
law,  the  true  meaning  and  intent  of  which  is  too  clearly  and 
definitely  expressed  to  be  misunderstood.  Having  laid  their 
foundations  and  shingled  their  houses,  and  thus  established 
their  claims,  agreeably,  as  they  pretend,  to  the  requirements 
of  the  pre-emption  laws,  to  lands  granted  by  solemn  treaty  to 
the  Indians,  and  having  registered  their  names  as  citizens  and 
legal  voters,  these  worthy  squatters  returned  to  their  Missouri 
homes,  to  await  the  election  day,  and  then  come  back  to  exer 
cise  the  freeman's  right  of  suffrage  and  stultify  the  votes  of 
actual  and  honest  settlers.  Should  the  lauds  be  opened  for 
pre-emption  and  settlement  by  treaty  with  the  Shawnees,  as 
is  anticipated,  the  claims  made  upon  these  shallow  pretexts, 
will  be  maintained  with  pistol  and  bowie-knife,  against  any 
who  may  dare  to  question  their  legality.  Such  is  squatter 
sovereignty  as  understood  and  practised  on  the  western  bor 
ders  of  Missouri. 

On  this  reservation,  near  Westport,  Mo.,  stands  the  "  Shaw- 
nee  Mission"  of  the  Methodist  Church  South.  Three  sections 
of  their  best  lands  were  granted  by  the  Shawnees  to  this  mis 
sion,  which  are  handsomely  fenced  in,  partly  with  stone,  and 
upon  which  are  erected  several  substantial  and  capacious  brick 
buildings,  all  of  which  has  been  accomplished  by  government 
funds  and  per  centages  on  Indian  annuities.  Two  sections  of 
the  three  comprising  this  elegant  farm,  which  is  better 
improved  and  more  profitably  cultivated  than  any  in  the  terri 
tory,  has,  by  skilful  management  on  his  part,  become  the  pro- 
Eerty  of  Rev.  Thomas  Johnson,  the  head  of  the  church,  and 
ite  President  of  the  Council  of  the  Legislative  Assembly. 

Although  there  are  shades  of  difference  in  the  moral  condi 
tion  and  industrial  habits  of  the  Indians  in  Kansas,  there  are 
very  few  of  them,  who  are  likely  to  profit  materially  by  the 
arts  of  civilization.  It  is  an  exception  to  the  general  rule 
when  a  full  blooded  Indian  is  found  to  possess  any  admirable 
traits  of  character.  Neither  education  nor  Christianity  seems 
to  make  any  marked  improvement  in  his  habits  or  deportment. 
He  is  improvident,  inhospitable  and  treacherous,  with  just 
industry  and  energy  enough  to  keep  himself  from  starvation, 


INDIAN   CHARACTER  AND  DESTINY.  23 

but  not  enough  to  pay  any  proper  regard  to  personal  cleanli 
ness.  Yet  it  is  no  uncommon  thing  to  hear  white  men  boast 
of  the  possession  of  Indian  blood.  What  peculiar  enviable 
quality  it  is  supposed  to  impart  it  would  be  difficult  to  deter 
mine.  An  anecdote  is  told  of  a  certain  judge,  the  head  of  one 
of  the  "  first  families  in  Virginia,"  who  was  exceedingly  proud 
of  his  Indian  origin.  He  was  haughty,  vain,  tyrannical  and 
somewhat  celebrated  for  his  ill  manners.  In  conversation 
with  a  gentleman,  who  happened  to  make  a  remark  that  dis 
pleased  him,  the  judge  insolently  replied  :  "  I  suppose,  sir, 
you  do  not  know  that  I  have  Indian  blood  in  my  veins  ?" 
"No  sir,"  was  the  answer,  "  I  did  not  know  it,  but  I  would 
judge  so  from  your  behaviour  !" 

The  destiny  of  the  Indian  races,  is  so  plainly  written  that 
it  can  easily  be  read.  The  idea  that  they  can  live  among  and 
mingle  with  white  people,  acquire  their  habits  and  adopt  their 
customs,  is  not  entertained  by  any  who  understand  their  cha 
racter.  They  will  readily  learn  and  imitate  all  the  evil  prac 
tices  of  civilized  life,  but  they  generally  fail  to  profit  by  those 
which  are  good. 

The  recent  treaties  with  the  different  tribes,  are  intended  to 
give  to  each  individual  of  each  tribe  his  own  quota  of  land, 
and  not  again  to  attempt  their  removal  to  a  distant  locality. 
The  land  thus  acquired,  they  are  too  indolent  to  cultivate. 
It  will  soon  pass  into  the  hands  of  the  crafty  and  grasping 
white  man,  and  the  proceeds  be  squandered  in  the  purchase 
of  bad  whiskey.  If  sloth,  and  filth,  and  drunkenness  fail  to 
kill  them,  they  must  leave  the  white  man's  settlements,  and 
wander,  (who  can  tell  where  ?)  fugitives  and  vagabonds  upon 
the  face  of  the  earth.  Another  century  will  not  have  passed, 
when  the  Indians  of  America  will  have  an  existence  only  on 
the  pages  of  history. 


24  HISTORY  OF  KANSAS. 


CHAPTER  III. 

Application  of  Missouri  for  admission  into  the  Union. — The  restriction 
and  compromise  bills  of  1818-19-20. — Debates  on  the  Kansas-Nebraska 
Bill. — The  Organic  Act  of  Kansas  Territory. 

THE  inhabitants  of  Missouri  being  desirous  of  admission 
into  the  Union,  a  bill  for  that  purpose  was  introduced  into 
Congress  in  the  session  of  1818-19.  In  consequence  of  Mr. 
Taylor,  of  New  York,  having  introduced  into  it  what  was  then 
called  "the  Restriction/'  providing  that  involuntary  slavery 
should  not  exist  in  the  proposed  new  State,  the  bill,  after 
having  passed  in  the  House  of  Representatives,  was  lost  in  the 
Senate. 

After  the  adjournment  of  Congress,  the  "  restriction"  be 
came  a  question  of  very  general  public  interest.  It  was  liber 
ally  discussed  in  the  leading  journals,  and  speeches  in  relation 
to  it  were  delivered  to  large  assemblies  by  some  of  the  most 
prominent  men  of  the  country. 

It  was  revived  in  Congress  at  its  next  session,  which  met 
on  the  7th  December,  1819,  and  debated  in  both  Houses  for 
a  great  length  of  time  with  a  bitterness  of  feeling  on  both 
sides  which  exceeded  anything  that  had  ever  been  known  in 
the  national  councils. 

At  length  a  "  compromise"  was  proposed  by  Mr.  Thomas, 
of  Illinois,  fixing  the  line  of  36°  30'  as  the  future  boundary 
between  free  and  slave  States.  This,  at  first,  met  with  little 
better  favor  in  certain  quarters  than  the  absolute  "  restriction," 
and  was  discussed  with  quite  as  much  spirit  and  rancor.  It 
finally,  however,  passed  both  Houses,  and  after  being  sub 
mitted  by  President  Monroe  to  all  the  members  of  his  Cabinet 
to  ascertain  their  opinions  in  regard  to  its  constitutionality,  it 
received  his  signature  and  became  a  law  on  the  6th  of  March, 
1820. 

The  distinguishing  feature  of  this  bill  is  embraced  in  the 
following  section : 

"  SECT.  8.  And  be  it  further  enacted,  That  in  all  that  territory  ceded 
by  France  to  the  United  States,  under  the  name  of  Louisiana,  which 
lies  north  of  36°  30'  north,  not  within  the  limits  of  the  state 
contemplated  by  this  act,  slavery  and  involuntary  servitude,  otherwise 
than  in  the  punishment  of  crime,  whereof  the  parties  shall  have  been 
duly  convicted,  shall  be  and  hereby  is,  forever  prohibited." 


ORGANIC  ACT.  25 

It  was  generally  supposed  that  by  the  passage  of  this  act 
the  question  of  slavery  extension  in  the  United  States  was 
forever  set  at  rest.  But  on  the  7th  of  June,  1836,  a  bill  was 
passed,  without  opposition,  ceding  to  Missouri  a  triangular 
piece  of  land  between  the  Missouri  River  and  the  west  line  of 
the  State.  By  the  "  compromise,"  this  tract,  lying  north  of 
36°  30',  was,  with  all  other  portions  of  the  Territories,  to  be 
forever  free  from  slavery ;  but  from  the  period  of  its  cession 
to  Missouri  until  the  present  time,  slaves  have  been  introduced 
and  held  therein. 

At  the  session  of  Congress  for  1853-'4,  a  bill  was  intro 
duced  which  provided  that  all  that  part  of  the  territory  of  the 
United  States  included  between  the  summit  of  the  Rocky 
Mountains  on  the  west,  the  States  of  Missouri  and  Iowa  on 
the  east,  the  43°  30'  north  latitude  on  the  north,  and  the 
Territory  of  New  Mexico  and  the  parallel  of  36°  30'  north 
latitude  on  the  south,  should  be  organized  into  a  temporary 
government  by  the  name  of  the  Territory  of  Nebraska. 

This  bill  was  introduced  to  the  Senate  by  Mr.  Dodge,  of 
Iowa,  on  the  14th  of  December,  1853,  and  referred  to  the 
Committee  on  Territories,  and  on  the  4th  of  January  follow 
ing  was  reported  back  by  Mr.  Douglas,  of  Illinois,  chairman 
of  the  committee,  with  sundry  important  amendments ;  and 
subsequently  the  same  gentleman  introduced  a  substitute  for 
the  original  bill,  which  provided  for  the  creation  of  two  ter 
ritories — Kansas  and  Nebraska — and  repealed  or  abrogated 
the  compromise  of  1820  respecting  the  extension  of  slavery. 

The  debates  upon  this  bill  were  even  more  strong,  if 
possible,  than  those  which  resulted  in  the  passage  of  the  com 
promise  act.  Nor  was  the  interest  excited  confined  to  Wash 
ington.  The  whole  country  was  awakened  to  the  importance 
of  the  measure  proposed,  and  public  meetings  were  held  in 
various  localities  either  for  its  approval  or  condemnation. 
Speeches  especially  characterized  by  the  violence  of  their  de 
nunciations  were  delivered;  the  press  teemed  with  partisan 
maledictions ;  and  addresses  and  petitions  were  forwarded  to 
Congress  to  influence  its  action.  In  both  Houses  the  discus 
sion  was  carried  on  with  a  vehemence  and  passion  rarely  ex 
hibited  in  a  deliberative  body. 

Several  amendments  were  made  to  the  substitute  of  Mr. 
Douglas  before  its  final  passage  on  the  25th  of  May,  1854. 
It  received  the  signature  of  President  Pierce  on  the  30th  of 
8 


26  HISTORY  OF  KANSAS. 

the  same  month.     The  most  important  part  of  this  act,  so  far 
as  it  relates  to  the  Territory  of  Kansas,  is  as  follows : 

"  SECT.  19.  And  be  it  further  enacted,  That  all  that  part  of  the 
territory  of  the  United  States  included  within  the  following  limits, 
except  such  portions  thereof  as  are  hereinafter  expressly  exempted 
from  the  operations  of  this  act,  to  wit,  beginning  at  a  point  on  the 
•western  boundary  of  the  state  of  Missouri,  where  the  thirty- seventh 
parallel  of  north  latitude  crosses  the  same ;  thence  west  on  said 
parallel  to  the  eastern  boundary  of  New  Mexico ;  thence  north  on 
said  boundary  to  latitude  thirty-eight ;  thence  following  said  boundary 
westward  to  the  east  boundary  of  the  Territory  of  Utah,  on  the  summit 
of  the  Rocky  Mountains ;  thence  northward  on  said  summit  to  the 
fortieth  parallel  of  latitude  ;  thence  east  on  said  parallel  to  the  western 
boundary  of  the  state  of  Missouri ;  thence  south  with  the  western 
boundary  of  said  state  to  the  place  of  beginning,  be,  and  the  same 
is,  hereby  created  into  a  temporary  government  by  the  name  of  the 
Territory  of  Kansas ;  and  when  admitted  as  a  state  or  states,  the 
eaid  territory,  or  any  portion  of  the  same,  shall  be  received  into  the 
Union  with  or  without  slavery,  as  their  constitution  may  prescribe  at 
the  time  of  their  admission :  Provided,  That  nothing  in  this  act 
contained  shall  be  construed  to  inhibit  the  government  of  the  United 
States  from  dividing  said  territory  into  two  or  more  territories,  in  such 
manner  and  at  such  times  as  Congress  shall  deem  convenient  and 
proper,  or  from  attaching  any  portion  of  said  territory  to  any  other 
state  or  territory  of  the  United  States :  Provided  further,  That  nothing 
in  this  act  contained  shall  be  construed  to  impair  the  rights  of  persons 
or  property  now  pertaining  to  the  Indians  in  said  territory,  so  long 
as  such  rights  shall  remain  unextiugui.shed  by  treaty  between  the 
United  States  and  such  Indians,  or  to  include  any  territory  which,  by 
treaty  with  any  Indian  tribe,  is  not,  without  the  consent  of  said  tribe, 
to  be  included  within  the  territorial  limits  or  jurisdiction  of  any  state 
or  territory ;  but  all  such  territory  shall  be  excepted  out  of  the 
boundaries,  and  constitute  no  part  of  the  Territory  of  Kansas,  until 
said  tribe  shall  signify  their  assent  to  the  President  of  the  United 
States  to  be  included  within  the  said  Territory  of  Kansas,  or  to  afi'ect 
the  authority  of  the  government  of  the  United  States  to  make  any 
regulation  respecting  such  Indians,  their  lands,  property,  or  other 
rights,  by  treaty,  law,  or  otherwise,  which  it  would  have  been 
competent  to  the  government  to  make  if  this  act  had  never  passed." 

"  SECT.  32.  And  be  it  further  enacted,  That  a  delegate  to  the  House 
of  Representatives  of  the  United  States,  to  serve  for  the  term  of  two 
years,  who  shall  be  a  citizen  of  the  United  States,  may  be  elected  by 
the  voters  qualified  to  elect  members  of  the  legislative  assembly,  who 
shall  be  entitled  to  the  same  rights  and  privileges  as  are  exercised 
and  enjoyed  by  the  delegates  from  the  several  other  territories  of  the 
United  States  to  the  said  House  of  Representatives,  but  the  delegate 
first  elected  shall  hold  his  seat  only  during  the  term  of  the  Congress 
to  which  he  shall  be  elected.  The  first  election  shall  be  held  at  such 
time  and  places,  and  be  conducted  in  such  manner  as  the  governor 
shall  appoint  and  direct ;  and  at  all  subsequent  elections  the  times. 


THE  ORGANIC  ACT  A  COMPROMISE.  27 

places,  and  manner  of  holding  the  elections,  shall  be  prescribed  by 
law.  The  person  having  the  greatest  number  of  votes  shall  be 
declared  by  the  governor  to  be  duly  elected;  and  a  certificate  thereof 
shall  be  given  accordingly.  That  the  constitution  and  all  laws  of  the 
United  States  which  are  not  locally  inapplicable,  shall  have  the  same 
force  and  effect  within  the  said  Territory  of  Kansas  as  elsewhere 
within  the  United  States,  except  the  eighth  section  of  the  act 
preparatory  to  the  admission  of  Missouri  into  the  Union,  approved 
March  sixth,  eighteen  hundred  and  twenty,  which  being  inconsistent 
with  the  principles  of  non-intervention  by  Congress  with  slavery  in 
the  states  and  territories,  as  recognised  by  the  legislation  of  eighteen 
hundred  and  fifty,  commonly  called  the  compromise  measures,  is 
hereby  declared  inoperative  and  void ;  it  being  the  true  intent  and 
meaning  of  this  act  not  to  legislate  slavery  into  any  territoi-y  or  state, 
nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof  perfectly 
free  to  form  and  regulate  their  domestic  institutions  in  their  own 
way,  subject  only  to  the  Constitution  of  the  United  States :  Provided, 
That  nothing  herein  contained  shall  be  construed  to  revive  or  put  in 
force  any  law  or  regulation  which  may  have  existed  prior  to  the  act 
of  sixth  March,  eighteen  hundred  and  twenty,  either  protecting, 
establishing,  prohibiting  or  abolishing  slavery." 


CHAPTER  IV. 

The  organic  act  a  compromise  measure. — Kansas  intended  for  a  slave 
state. — Conduct  of  the  pro-slavery  party. —  Persecutions  of  free-state 
people. — New  England  Emigrant  Aid  Societies. — Public  meetings. — 
Blue  Lodges. — Inrasion  from  Westport. — Arrival  of  Governor  Reeder. — 
Judges  of  the  Supreme  Court. 

THE  repeal  of  the  compromise  bill  of  1820  by  the  passage 
of  the  Kansas-Nebraska  act  of  1854,  was,  of  itself,  though  not 
so  specified  or  implied,  a  sort  of  compromise  measure.  The 
original  act  as  has  been  stated,  provided  for  the  organization 
of  a  single  territory,  to  be  called  Nebraska,  which  was  to  em 
brace  all  that  section  of  country  which  now  constitutes  the 
Territory  of  Kansas.  The  locality  of  the  greater  portion  of 
Nebraska  as  thus  designed ;  its  ready  access  to  immigration 
from  the  north ;  and  its  peculiar  adaptation  as  respects  both 
climate  and  soil,  to  free  labor,  rendered  it  certain  of  being  re 
ceived  into  the  Union  at  an  early  day  as  a  free  State.  The 
southern  politicians  could  not  wisely  and  openly  object  to  its 
organization  upon  this  ground.  Hence  a  more  judicious  policy, 
as  it  was  less  likely  to  meet  with  determined  opposition  and 


28  HISTORY  OF  KANSAS. 

condemnation,  was  adopted.  The  substitute  of  Mr.  Douglas, 
though  it  could  not  prevent  the  erection  of  a  new  free  state, 
would  at  least  so  far  keep  up  the  equality  as  also  to  create 
another  state,  into  which  slavery  would  be  introduced.  By  the 
proposition  to  erect  two  new  territories  instead  of  one,  as  at 
first  proposed,  and  to  allow  the  inhabitants  of  each  to  deter 
mine  for  themselves  whether  slavery  should  or  should  not  be 
admitted,  it  was  intended  and  so  understood,  that  Nebraska 
should  become  a  free  and  Kansas  a  slave  state.  This  was, 
beyond  all  question,  the  object  and  meaning  of  the  Kansas- 
Nebraska  bill  of  Mr.  Douglas,  and  it  was  so  regarded,  as  all  its 
acts  show,  by  the  late  administration.  This,  in  fact,  is  the 
only  excuse,  although  by  no  means  a  sufficient  one,  that  can  be 
offered  in  extenuation  of  the  outrages  that  have  subsequently 
been  committed  against  free-state  settlers.  Many  members 
of  the  pro-slavery  party,  believing  it  to  have  been  a  matter 
understood  and  fixed  by  certain  contracting  powers  and  the 
heads  of  the  general  government,  that  Kansas  was  to  become 
a  slave  state,  in  order  to  keep  up  an  equilibrium  of  northern 
and  southern  sectional  and  political  interests,  conscientiously 
supposed  that  instead  of  its  being  a  criminal  offence,  it  was 
not  only  justifiable,  but  a  virtue,  to  persecute,  even  to  death, 
all  northern  people  who  should  enter  the  territory  with  a  dis 
position  to  defeat  or  thwart  that  object.  All  such  were  regarded 
as  intruders,  whom  it  was  proper  to  remove  at  all  hazards  and 
by  whatever  means,  however  cruel  or  oppressive,  that  could 
be  employed.  This  sentiment  was  not  conh'ned  to  Kansas  and 
the  adjoining  State  of  Missouri,  but  was  entertained  by  persons 
high  in  authority  elsewhere,  and  especially  at  the  seat  of  the 
federal  government.  By  many  it  was  freely  acknowledged 
and  boldly  advocated.  On  the  other  hand,  there  were  many 
northern  men  who  regarded  the  Kansas-Nebraska  act  as  an 
infamous  scheme  to  violate  a  sacred  compact,  and  to  perpetuate 
and  extend,  in  opposition  to  every  honorable  principle,  an  insti 
tution  which  they  view  with  horror  and  detestation. 

No  sooner  was  the  passage  of  the  Kansas-Nebraska  act  made 
known  than  great  numbers  of  the  residents  of  Missouri  crossed 
into  the  new  territory,  seized  upon  its  best  lands,  not  respect 
ing  the  rights  of  the  Indians  to  their  reservations,  and  availing 
themselves  of  the,  squatter  sovereignty  clause  of  the  act,  com 
menced  laying  foundations  for  the  permanent  establishment 
of  slavery. 

The  reputed  value  of  the  lands  and  salubrity  of  the  climate, 


THE  BLUE  LODGES  29 

also  directed  the  attention  of  many  eastern  and  northern  people 
towards  Kansas,  and  a  large  emigration  from  those  regions 
commenced  at  an  early  day.  To  facilitate  this,  "  Emigrant  Aid 
Societies  "  were  established,  and  under  their  auspices  compa 
nies  were  formed,  the  first  of  which  numbering  about  thirty 
persons,  arrived  in  the  territory  on  the  first  of  August,  1854, 
and  settled  at  what  is  now  the  town  of  Lawrence.  Other 
parties  arrived  soon  after,  and  located  themselves  in  that  and 
other  neighborhoods. 

The  pro-slavery  party  fancied  it  saw  in  the  immigration  of 
these  large  northern  companies  serious  cause  to  apprehend  the 
defeat  of  a  measure  that  had  occasioned  great  anxiety ;  been 
attended  with  many  difficulties ;  which  was  of  such  momen 
tous  importance ;  and  until  now  gave  promise  of  certain  and 
ultimate  success.  It  therefore  resolved,  as  a  matter  of  safety 
and  interest,  not  only  to  disperse  those  who  had  already  entered 
the  territory,  but  to  prevent  if  possible,  the  admission  of  all 
others  of  similar  character.  To  this  end  meetings  were  held  in 
various  parts  of  the  territory  and  in  the  border  towns  of  Mis 
souri,  at  which  speeches  were  made  and  resolutions  adopted  of 
the  most  incendiary  and  inflammatory  description.  Some  of 
these  were  so  exceedingly  violent  and  disgustingly  profane,  aa 
to  be  unfit  for  publication.  The  tenor  and  spirit  of  them  all 
was,  that  Kansas  must  be  a  slave  state;  that  abolitionists, 
and  this  meant  all  northern  men  not  pledged  to  favor  slavery 
extension,  had  no  right  to  come  there,  and  that  all  such  should 
be  driven  from  the  territory  or  destroyed. 

At  one  of  these  meetings,  held  at  Westport,  Mo.,  in  July, 
1854,  an  association  was  formed,  which  adopted  the  following 
resolutions  : — 

"Resolved,  That  this  association  will,  whenever  called  upon  by  any 
of  the  citizens  of  Kansas  Territory,  hold  itself  in  readiness  together  to 
assist  to  remove  any  and  all  emigrants  who  go  there  under  the 
auspices  of  the  northern  emigrant  aid  societies. 

"Resolved.  That  we  recommend  to  the  citizens  of  other  counties, 
particularly  those  bordering  on  Kansas  Territory,  to  adopt  regulations 
similar  to  those  of  this  association,  and  to  indicate  their  rcadinesa  to 
operate  in  the  objects  of  this  first  resolution." 

Not  content  with  holding  public  meetings,  to  carry  out  the 
objects  specified  in  these  resolutions,  secret  organizations  were 
formed,  and  signs,  grips  and  passwords  were  adopted,  and  the 
members  bound  together  by  secret  oaths  and  dreadful  penal 
ties,  for  that  special  purpose.  In  the  report  of  a  committee 


SO       -     .  HISTORY  OF  KANSAS. 

|  • 

of  Congress,  appointed  to  investigate  the  Kansas  difficulties 
growing  out  of  the  elections,  the  following  description  is  given 
of  these  secret  institutions  : — 

"  It  was  known  by  different  names,  such  as  '  Social  Band,'  '  Friends' 
Society,'  'Blue  Lodge,'  'The  Sous  of  the  South.'  Its  members  were 
bound  together  by  secret  oaths,  and  they  had  passwords,  signs  and 
grips,  by  which  they  were  known  to  each  other.  Penalties  were 
imposed  for  violating  the  rules  and  secrets  of  the  order.  Written 
minutes  were  kept  of  the  proceedings  of  the  lodges,  and  the  different 
lodges  were  connected  together  by  an  effective  organization.  It 
embraced  great  numbers  of  the  citizens  of  Missouri,  and  was 
extended  into  other  slave  states  and  into  the  territory.  Its  avowed 
purpose  was  not  only  to  extend  slavery  into  Kansas,  but  also  into 
other  territory  of  the  United  States,  and  to  form  a  union  of  all  the 
friends  of  that  institution.  Its  plan  of  operating  was  to  organize  and 
send  men  to  vote  at  the  elections  in  the  territory,  to  collect  money  to 
pay  their  expenses,  and,  if  necessary,  to  protect  them  in  voting.  It 
also  proposed  to  induce  pro-slavery  men  to  emigrate  into  the  territory, 
to  aid  and  sustain  them  while  there,  and  to  elect  none  to  office  but 
those  friendly  to  their  views.  This  dangerous  society  was  controlled 
by  men  who  avowed  their  purpose  to  extend  slavery  into  the  territory 
at  all  hazards,  and  was  altogether  the  most  effective  instrument  in 
organizing  the  subsequent  armed  invasions  and  forays.  In  its  lodges 
in  Missouri  the  affairs  of  Kansas  were  discussed,  the  force  necessary 
to  control  the  election  was  divided  into  bands,  and  leaders  selected, 
means  were  collected,  and  signs  and  badges  were  agreed  upon.  While 
the  great  body  of  the  actual  settlers  of  the  territory  were  relying 
upon  the  rights  secured  to  them  by  the  organic  law,  and  had  formed 
no  organization  or  combination  whatever,  even  of  a  party  character, 
this  conspiracy  against  their  rights  was  gathering  strength  in  a 
neighboring  state,  and  would  have  been  sufficient  at  their  first  election 
to  have  overpowered  them,  if  they  had  been  united  to  a  man." 

The  pro-slavery  newspapers  also  took  up  the  subject,  and 
denounced  the  northern  immigrants  in  the  most  violent  terms 
the  English  language  affords,  and  called  upon  ]Missi,urians 
and  others  friendly  to  the  institution  of  slavery,  to  drive  them 
from  the  territory,  or  utterly  exterminate  them,  in  case  of  their 
refusal  to  leave. 

On  the  6th  of  October,  a  large  body  of  armed  men,  in  wa 
gons  and  on  horseback,  with  grotesque  banners  and  other 
strange  devices,  came  from  Westport  to  Lawrence,  to  disperse 
the  settlers  at  that  place.  They  demanded  that  the  aboli 
tionists  should  take  away  their  tents  and  be  off  at  short  notice, 
or  otherwise  they  would  be  u  wiped  out."  V  The  immigrant.-: 
refused  to  obey  this  mandate,  but  prepared  themselves  in  mar 
tial  array,  to  protect  their  property  and  lives.  This  was  en- 


POLICY  OF  GOVERNOR  REEDER.  3 

tirely  unexpected  on  the  part  of  the  invaders.  They  never 
imagined  the  possibility  of  the  abolitionists  showing  fight.  So, 
after  considerable  swaggering,  they  started  back  for  Missouri, 
threatening,  with  huge  oaths,  that  they  would  return  in  a 
week,  with  a  force  sufficiently  large  to  compel  submission  to 
their  requirements.  These  threats  were  unheeded ;  the  set 
tlers  continued  to  build  up  their  town ;  and  the  invaders  did 
not  return  at  the  appointed  time. 

Bands  of  armed  men  were  also  organized  to  intercept  the 
passage  of  the  Missouri  River.  These  parties  entered  the 
upward-bound  steamboats  at  Lexington  and  other  Missouri 
landings,  and  upon  finding,  companies  of  northern  emigrants, 
deprived  them  of  their  arms,  and,  in  many  instances,  com 
pelled  them  to  go  back.  These  outrages  became  so  frequent 
and  intolerant,  that  the  river  was  virtually  closed  to  all  free- 
state  travellers,  who  could  only  reach  Kansas  by  taking  the 
northern  land  route  through  Iowa  and  Nebraska. 

Andrew  H.  Reeder,  Esq.,  of  Pennsylvania,  having  been 
appointed  Governor  of  Kansas,  arrived  at  Fort  Leavenworth 
on  the  6th  of  October,  at  which  time  the  difficulties  between 
the  pro-slavery  and  free-state  parties  had  not  yet  assumed  a 
very  serious  or  dangerous  aspect.  The  governor  was  imme 
diately  surrounded  by  voluntary  and  patriotic  advisers.  Kan 
sas  has  always  been  blessed  with  a  number  of  this  class  of 
persons.  By  directing  and  controlling  his  policy,  they  were 
determined  to  be  the  governors  of  the  governor.  If  he  was 
too  independent  to  submit  to  their  insolent  dictation,  then  all 
the  machinery  at  their  command  was  set  in  motion  to  thwart 
and  embarrass  his  laudable  undertakings.  Reeder  was  a  gen 
tleman  of  talent  and  education,  of  unquestioned  intelligence 
and  integrity,  and  a  lawyer  by  profession.  He  had  been  a 
life-long  Democrat,  and  had  done  some  service  for  his  party. 
He,  however,  declined  "becoming  the  pliant  tool  of  the  faction 
that  presumed  to  dictate  his  course,  preferring  to  discharge 
the  duties  he  had  conscientiously  assumed  with  justice  and 
impartiality.  This  failed,  of  course,  to  give  satisfaction  where 
nothing  could  satisfy  but  adherence  to  the  principles  and  an 
unscrupulous  disposition  to  promote  the  interests  of  the  slavery 
party,  whose  influence  was  not  confined  to  Kansas  and  Mis 
souri,  but  constituted  a  "  power  behind  the  throne"  at  Wash 
ington,  even  "more  powerful  than  the  throne  itself;"  and 
the  consequence  was  a  very  brief  duration  of  the  governor's 
official  existence. 


32  HISTORY  OP  KANSAS. 

At  the  time  Reeder  was  appointed  governor,  Samuel  Dexter 
Lecompte  was  chosen  Chief  Justice,  and  Rush  Elmore  and 
Sanders  N.  Johnson  Associate  Justices  of  the  Supreme  Court 
of  the  Territory.  Judge  Lecompte  immediately  affiliated  with 
the  most  ultra  of  the  pro-slavery  men  ;  declared  himself  warmly 
attached  to  their  "peculiar  institution;"  received  their  un 
qualified  approbation ;  applauded  their  acts  j  addressed  their 
meetings ;  and  went  quite  as  far  as  the  most  exacting  could 
possibly  expect  or  desire.  Judge  Elmore  was  a  slaveholder, 
and  brought  his  slaves  with  him  into  the  territory.  But  he 
was  a  just  and  conservative  man,  disposed  to  act  fairly  and 
honorably  toward  all  classes  of  citizens,  and  disapproved  of  many 
of  the  outrages  that  were  being  so  wantonly  committed  against 
the  "abolitionists."  His  conduct  was  conciliatory,  and  he 
sought  rather  to  preserve  peace  among  the  citi/ens  than  aid  in 
promoting  contention  and  strife.  Judge  Johnson  took  no  part 
whatever  in  the  prevailing  disturbances. 

The  two  latter  named  u'entlemen  were  removed  from  office 
at  the  same  time  and  upon  the  same  pretence  as  Governor 
Reeder.  They  were  charged  with  having  speculated  in  the 
half-breed  Kaw  lands;  the  charge  being  founded  upon  the  fact 
that  they  had  stipulated  for  the  purchase  of  those  lands  on 
condition  of  being  able  to  obtain  the  consent  of  the  govern 
ment. 

Chief  Justice  Lecompte  is  still  retained,  though  he  was  one 
of  the  early  squatters  upon  the  Delaware  Trust  Lands,  in  which 
he  now  owns  a  valuable  estate  near  Leavenworth  City,  and  has 
acquired  considerable  property  in  sundry  pro-slavery  towns. 
Lecompton,  the  capital,  received  his  name  as  an  acknowledg 
ment  of  his  fidelity,  zeal,  and  devotion  to  the  party  by  which 
it  was  founded. 

The  places  of  Judges  Elmore  and  Johnson  were  filled  by 
the  appointment  of  Sterling  G.  Cato,  Esq.,  of  Alabama,  and 
J.  M.  Burrell,  Esq.,  of  Pennsylvania.  Judge  Cato  has  fol 
lowed  closely  in  the  footsteps  of  Lecompte.  Judge  Burrell, 
after  remaining  a  short  time  in  the  territory,  and  becoming 
disgusted  with  the  outrages  and  official  malfeasance,  it  is  sup 
posed,  to  which  he  was  compelled  to  be  a  witness,  without 
having  the  power  to  remedy,  returned  to  his  home  at  Greens- 
burg,  where  he  died  in  October,  1856.  Judge  Thomas  Cun 
ningham,  of  Beaver  county,  Pennsylvania,  was  appointed  his 
successor ;  but  he,  too,  after  visiting  the  territory,  resigned 
without  ever  entering  upon  the  duties  of  his  office. 


TERRITORIAL  ELECTIONS. 


CHAPTER  V. 

Elections. — Gen.  Whitfield's  politics. — Meetings  in  Missouri  to  control  th« 
Kansas  elections. — The  Missouri  press. — The  Lynching  of  William 
Phillips. — Outrages  upon  the  free-state  citizens  approved. — Destruction 
of  the  "  Parkeville  Luminary." 

THE  first  election  in  the  territory  was  held  on  the  29th 
November,  1854,  and  was  for  a  delegate  to  Congress.  There 
were  three  candidates,  viz:  a  Mr.  Flenniken,  who  came  to 
Kansas  with  Governor  Reeder;  Judge  J.  A.  Wakefield,  an  ac 
knowledged  free-state  man ;  and  General  John  W.  Whitfield, 
an  Indian  agent,  and  one  of  the  most  ultra  of  the  pro-slavery 
party. 

That  no  mistake  could  be  made  in  regard  to  Whitfield's 
sentiments  on  the  slavery  question,  he  very  clearly  expressed 
them  in  a  speech  made  subsequent  to  the  election.  It  is  alleged, 
however,  that  previous  thereto  he  was  less  positive.  He  then 
advocated  the  doctrine  of  popular  sovereignty,  and  declared  his 
intention  to  aid  the  actual  settlers  to  form  their  own  domestic 
institutions  in  their  own  way.  His  sentiments  seem  to  have 
undergone  a  material  change  when  he  uttered  the  following : 

"We  can  recognize  but  two  parties  in  the  territory" — the  pro-slavery 
and  the  anti-slavery  parties.  If  the  citizens  of  Kansas  want  to  live 
in  this  community  at  peace  and  feel  at  home,  they  must  become 
pro-slavery  men ;  but  if  they  want  to  live  with  gangs  of  thieves  and 
robbers,  they  must  go  with  the  abolition  party.  There  can  be  no 
third  party — no  more  than  two  issues — slavery  and  no  slavery,  in 
Kansas  Territory." 

At  the  November  election,  large  parties  from  Missouri,  who 
had  entered  the  territory  for  that  purpose,  insisted  upon  voting, 
and  having  done  so,  returned  on  the  same  day  to  their  homes. 
Of  2871  votes  polled,  1729  were  ascertained  to  be  illegal,  all 
of  which  were  cast  for  Whitfield,  who  was  elected.  The  fol 
lowing  extract  in  regard  to  this  election,  is  from  the  report  of 
the  Congressional  Committee : 

"  Thus  your  committee  find  that  in  this,  the  first  election  in  the 
territory,  a  very  large  majority  of  the  votes  were  cast  by  citizens  of 
the  State  of  Missouri,  in  violation  of  the  organic  law  of  the  territory. 
Of  the  legal  votes  cast,  Gen.  Whitfield  received  a  plurality.  The 
settlers  took  but  little  interest  in  the  election,  not  one-half  of  them 
voting.  This  may  be  accounted  for  from  the  fact  that  the  settlements 

c 


34  HISTORY  OF  KANSAS. 

were  scattered  over  a  great  extent,  that  the  term  of  the  delegate  to  be 
elected  was  short,  and  that  the  question  of  free  and  slave  institutions 
was  not  generally  regarded  by  them  as  distinctly  at  issue.  Under 
these  circumstances,  a  systematic  invasion,  from  an  adjoining  state, 
by  which  large  numbers  of  illegal  votes  were  cast  iu  remote  and 
sparse  settlements  for  the  avowed  purpose  of  extending  slavery  into 
the  territory,  even  though  it  did  not  change  the  result  of  the  election, 
was  a  crime  of  great  magnitude.  Its  immediate  effect  was  to  further 
excite  the  people  of  the  northern  states,  induce  acts  of  retaliation,  and 
exasperate  the  actual  settlers  against  their  neighbors  in  Missouri." 

Several  weeks  previous  to  this  election  Gen.  B.  F.  String- 
fellow,  Ex-Vice-President  David  R.  Atchison,  and  other 
prominent  citizens  of  that  state,  addressed  large  meetings  in 
Missouri,  urging  the  people  "  to  enter  every  election  district 
in  Kansas,  in  defiance  of  lleeder  and  his  vile  myrmidons,  and 
vote  at  the  point  of  the  bowie-knife  and  revolver."  The 
cause,  it  was  urged,  demanded  it,  and  "  it  was  enough  that 
the  slave-holding  interest  wills  it,  from  which  there  is  no  ap 
peal,"  and  if  the  pro-slavery  party  should  be  "  defeated,  then 
Missouri  and  the  other  southern  states  will  have  shown  them 
selves  recreant  to  their  interests,  and  will  deserve  their  fate." 

These  aggressions  upon  the  rights  of  the  settlers  soon  led 
to  difficulties  of  a  serious  character.  A  retaliatory  disposition 
was  aroused  and  scenes  of  violence  and  bloodshed  became 
quite  common.  The  feelings  evinced  in  certain  quarters  in 
regard  to  such  disturbances  are  fully  avowed  in  the  following 
paragraph  from  the  Squatter  Sovereign^  published  at  Atchi 
son,  by  Dr.  John  II.  Stringt'ellow. 

"Monday  of '  last  week  a  fight  came  off  at  Poniphan,  K.  T.,  in 
which  bowie-knives  were  used  freely.  The  difficulty  arose  out  of  a 
political  discussion ;  the  combatants  being  a  pro-slavery  man  and  a 
free-soiler.  Both  parties  were  badly  cut,  and  irf  <trr,  happy  to  state 
that  the  free-soiler  is  in  a  fair  way  to  peg  out,  while  the  pro-slavery 
man  is  out  and  ready  for  another  tilt.  Kansas  is  a  hard  road  for 
free-soilers  to  travel." 

In  regard  to  certain  strictures  upon  Kansas  outrages  pub 
lished  in  New  York,  the  same  paper  discoursed  as  follows  :— 

"  We  can  tell  the  impertinent  scoundrels  of  the  Tribune  that  they 
may  exhaust  an  ocean  of  ink,  their  Emigrant  Aid  Societies  spend 
their  millions  and  billions,  their  representatives  in  Congress  spout 
their  heretical  theories  till  doomsday,  and  His  Excellency  Franklin 
Pierce  appoint  abolitionist  after  free-soiler  as  our  Governor,  yd  we 
will  continue  to  lynch  and  hang,  to  tar  and  feather,  and  drown  every 
white-livered  abolitionist  who  dares  to  pollute  our  soil." 


OUTRAGE  UPON  WILLIAM  PHILLIPS.  35 

Governor  Reeder  called  an  election  for  the  Legislative 
sembly,  to  be  held  on  the  20th  of  March,  following.  At  thiy 
election  outrages  were  committed  exceeding  in  atrocity  any 
thing  that  had  ever  transpired  in  the  history  of  the  country 
Many  protests  were  entered  against  the  returns,  which  re 
suited  in  the  call  of  an  especial  election,  to  be  held  on  the 
22d  of  May,  for  several  districts,  against  the  evidently  fraud 
ulent  returns  of  which,  affidavits  and  petitions  had  been 
filed. 

In  consequence  of  this  order  of  the  governor,  a  public 
meeting  was  held  on  the  30th  of  April,  at  Leavenworth  City, 
which  was  "  ably  and  eloquently  addressed  by  Chief  Justice 
Lecompte,  Col.  J.  N.  Burns  of  Weston,  Missouri,  and  others." 
At  this  meeting  it  was 

"  Resolved,  That  the  institution  of  slavery  is  known  and  recognised 
in  this  territory ;  that  we  repel  the  doctrine  that  it  is  a  moral  and 
political  evil,  and  we  turn  back  with  scorn  upon  its  slanderous  authors 
the  charge  of  inhumanity ;  and  we  warn  all  persons  not  to  come  to 
our  peaceful  firesides  to  slander  us,  and  sow  the  seeds  of  discord  be 
tween  the  master  and  the  servant ;  for,  as  much  as  we  deprecate  the 
necessity  to  which  we  may  be  driven,  we  cannot  be  responsible  for  the 
consequences." 

A  committee  of  vigilance,  consisting  of  thirty  persons,  was 
appointed,  whose  duty  it  was  to  observe  and  report  all  such 
persons,  as  should  u  by  the  expression  of  abolition  sentiments 
produce  a  disturbance  to  the  quiet  of  the  citizens,  or  danger 
to  their  domestic  relations;  and  all  such  persons,  so  offending 
shall  be  notified,  and  made  to  leave  the  territory/*  This  com 
mittee  found  abundant  employment,  and  was  exceedingly  ac 
tive  in  issuing  orders  to  all  free-state  men,  who  should  dare  to 
express  a  sentiment  adverse  to  the  institution  of  slavery,  to 
quit  the  territory  at  a  certain  specified  time,  or  suffer  the 
penalty  of  death.  Under  its  edicts  many  good  men  were 
driven  from  their  homes,  and  their  wives  and  children  com 
pelled  to  flee  to  distant  parts  for  safety  and  protection. 

Among  those  ordered  to  leave  was  Mr.  William  Phillips,  a 
lawyer  of  Leavenworth,  who  had  signed  a  protest  against  the 
election  in  that  city.  Upon  his  refusal  to  go,  he  was,  on  the 
17th  of  May,  seized  by  a  band  of  men  chiefly  from  Missouri, 
who  carried  him  eight  miles  up  the  river  to  Westua,  where 
they  shaved  one  half  of  his  head,  tarred  and  feathered  him, 
rode  him  on  a  rail,  and  sold  him  at  a  mock  auction  by  a  negro, 
all  of  which  he  bore  with  manly  fortitude  and  bravery,  and 


36  HISTORY  OF  KANSAS. 

then  returned  to  Leavenworth  and  persisted  in  remaining, 
notwithstanding  his  life  was  constantly  threatened  and  in  dan 
ger.  He  was  subsequently  murdered  in  his  own  house,  by  a 
company  of  "  law  and  order"  men,  or  "territorial  militia," 
under  command  of  Captain  Frederick  S.  Emory,  simply  for  re 
fusing  to  leave  the  town. 

On  the  25th  of  May,  just  eight  days  after  the  perpetration 
of  the  outrage  above  narrated,  another  meeting  was  held  at 
Leavenworth,  over  which  R.  R.  Rees,  a  member  elect  of  the 
Council  presided.  "  This  meeting,"  the  papers  say,  was  also 
"  eloquently  addressed  by  Judge  Lecompte,"  after  which  the 
following  resolutions  offered  by  Judge  Payne,  a  member  elect 
of  the  House  of  Representatives,  were  unanimously  adopted : 

"  Resolved,  That  we  heartily  endorse  the  action  of  the  committee 
of  citizens  that  shaved,  tarred  and  feathered,  rode  on  a  rail,  ami  had 
sold  by  a  negro,  William  Phillips,  the  moral  perjurer. 

"  Resolved,  That  we  return  our  thanks  to  the  committee  for 
faithfully  performing  the  trust  enjoined  upon  them  by  the  pro-slavery 
party. 

"Resolved,  That  the  committee  be  now  discharged. 

"  R?#olved,  That  we  severely  condemn  those  pro-slavery  men  who, 
from  mercenary  motives,  are  calling  upon  the  pro-slavery  party  to 
submit  without  further  action. 

"  Re.solved,  That,  in  order  to  secure  peace  and  harmony  to  the 
community,  we  now  solemnly  declare  that  the  pro-slavery  party  will 
stand  firmly  by  and  carry  out  the  resolutions  reported  by  the  committee 
appointed  for  that  purpose  on  the  memorable  30th." 

Meetings  were  also  held  in  numerous  towns  in  Missouri,  to 
approve  the  proceedings  of  the  invaders  at  the'March  elec 
tion,  at  which  violent  addresses  were  made  and  denunciatory 
resolutions  were  passed.  The  following,  adopted  at  a  meeting 
held  in  Clay  county,  will  give  an  idea  of  their  general 
tenor : — 

"  Those  who,  in  our  state,  would  give  aid  to  the  abolitionists  by 
inducing  or  assisting  them  to  settle  in  Kansas,  or  would  throw 
obstacles  in  the  way  of  our  friends,  by  fnlxr  and  slanderous  misrepre 
sentations  of  the  acts  of  those  who  took  part  in  and  contributed  to 
the  glorious  result  of  the  late  election  in  that  territory,  should  be 
driven  from  amongst  us  as  traitors  to  their  country. 

"  That  \vo  regard  the  efforts  of  the  northern  division  of  the 
MV'bodist  Episcopal  Church  to  establish  itself  in  our  state  as  a 
violation  of  ln-r  ptlfih  ted  faith,  and,  pledged  as  its  ministers  must  be  to 
the  anti-slavery  principles  of  that  church,  we  are  forced  to  ivg.-ird  tin-in 
as  enemies  to  our  institutions.  We  therefore  fully  concur  with  oar 


DESTRUCTION  OF  THE  LUMINARY  37 

friends  in  Platte  county  in  resolving  to  permit  no  person  belonging 
to  the  Northern  Methodist  Church  to  preach  in  our  count}'. 

"  That  all  persons  who  are  subscribers  to  papers  in  the  loast 
tinctured  with  free-soilism  or  abolitionism,  are  requested  to  discon 
tinue  them  immediately." 

The  Missouri  press  was  extremely  vituperative  against  all 
who  dared  to  condemn  the  course  pursued  in  regard  to  the 
Kansas  election.  The  Brvruwicker  found  fault  with  a  con 
temporary  in  the  following  choice  terms  : 

"The  last  Jefferson  Inquirer  is  down  on  the  citizens  of  Missouri 
•who  took  steps  to  secure  the  election  of  pro-slavery  men  to  the  Terri 
torial  Legislature  of  Kansas.  This  is  in  keeping  with  the  Inquirer's 
past  conduct.  If  the  editor  of  that  paper  had  been  in  Kansas  on  the 
day  of  election,  he  would  have  voted  with  the  abolitionists.  That  he 
is  a  negro-stealer  at  heart  we  have  no  doubt." 

The  Platte  County  Luminary,  was  printed  at  Parkeville, 
Mo.,  and  was  owned  by  Mr.  Parke,  one  of  the  oldest  residents, 
after  whom  the  town  was  named.  After  the  March  election 
this  paper  ventured  to  condemn,  though  in  gentle  terms,  the 
Missouri  invasion;  upon  which,  a  few  days  afterwards,  April 
14th,  a  company  was  formed  at  Platte  City,  and  arming  them 
selves  for  the  occasion,  marched  to  Parkeville,  broke  to  pieces 
the  press  of  the  Luminary,  and  threw  it,  with  all  the  material 
belonging  to  the  office,  into  the  Missouri  lliver.  They  also 
seized  Mr.  Patterson,  the  editor,  Mr.  Parke  being  absent,  and 
would  have  killed  him,  but  for  the  interference  of  his  wife,  a 
young  and  beautiful  woman,  who  threw  herself  about  his  neck, 
to  whkh  she  clung  so  firmly  that  it  was  difficult  to  separate 
them.  They  finally  relinquished  their  intention,  released  their 
prisoner,  and  permitted  him  to  leave  the  place,  under  the 
penalty  of  losing  his  life  should  he  refuse  to  go  or  dare  to 
return. 


38  HISTORY  OP  KANSAS. 


CHAPTER  VI. 

Census  returns,  February,  1855. — The  election  of  March  30th. — Tho  Legis 
lative  Assembly. 

GOVERNOR  REEDER  having  ordered  a  census  to  he  taken, 
the  returns,  on  the  28th  of  February,  1855,  exhibited  a  popu 
lation,  exclusive  of  Indians,  of  8,501  souls.  There  were  5,1'JS 
males,  3,873  females,  and  3,469  minors.  7,161  were  citizens 
of  the  United  States ;  409  of  foreign  birth  j  242  were  slaves, 
and  151  free  negroes.  There  were,  at  this  time,  but  2,905 
voters,  which  number  was  somewhat  increased  by  immigration, 
before  the  election  for  a  Legislative  Assembly,  which  took 
place  on  the  30th  of  March. 

This  election  was  controlled  almost  entirely  by  citizens  of 
Missouri,  who  came  into  the  territory  in  large  parties,  took 
possession  of  the  polls,  drove  off  the  regularly  appointed 
judges  and  chose  others  to  answer  their  own  objects,  elected 
persons  who  were  not  and  never  had  been  citizens  of  Kansas; 
and  committed  other  atrocities,  the  details  of  which  are  abso 
lutely  too  disgusting  to  relate.  It  is  estimated  that  about 
five  thousand  Missourians,  led  on  by  men  claiming  respecta 
bility,  and  certainly  occupying  prominent  positions,  visited 
the  territory  to  take  part  in  this  nefarious  transaction.  The 
following  extract  is  from  the  report  of  the  Congressional 
Committee :  ^ 

"By  an  organized  movement,  which  extended  from  Andrews  county 
in  the  north,  to  Jasper  county  in  the  south,  and  as  far  eastward  as 
Boone  and  Cole  counties,  companies  of  men  were  arranged  in  regular 
parties,  and  sent  into  every  council  district  in  the  territory  and  into  every 
representative  district  but  one.  The  numbers  were  so  distributed  as  to 
control  the  election  in  each  district.  They  went  to  vote,  aud  with  the 
avowed  intention  to  make  Kansas  a  slave  state.  They  were  generally 
armed  and  equipped,  carried  with  them  their  own  provision  and  tents, 
and  so  marched  into  the  territory." 

Another  paragraph  in  the  same  report,  which  gives  a  de 
tailed  statement  of  the  outrages  committed  at  this  election, 
carefully  gathered  from  the  examination  of  witnesses  under 
oath,  asserts : 

"  The  Missourians  began  to  leave  on  the  afternoon  of  the  day  of 
election,  though  some  did  not  go  home  until  the  next  morning. 


FRAUDULENT  ELECTION.  39 

"In  many  cases,  when  a  wagon-load  bad  voted,  they  immediately 
started  for  home.  On  their  way  home  they  said  if  Governor  Keeder 
did  not  sanction  the  election  they  would  hang  him. 

"  This  unlawful  interference  has  been  continued  in  every  important 
event  in  the  history  of  the  territory.  Every  election  has  been  con 
trolled,  not  by  the  actual  settlers,  but  by  citizens  of  Missouri ;  and, 
as  a  consequence,  every  officer  in  the  territory,  from  constables  to 
legislators,  except  those  appointed  by  the  President,  owe  their  posi 
tions  to  non-resident  voters." 

Instead  of  making  any  attempt  to  conceal  or  deny  the 
frauds  committed  at  this  election,  the  pro-slavery  people  of 
Missouri  boasted  of  the  fact,  and  maintained  they  had  as 
much  right  to  vote  in  Kansas  according  to  the  terms  of  the 
Organic  Act,  having  been  there  but  five  minutes,  as  though 
they  had  been  residents  for  as  many  years.  The  press  of 
Missouri  urged  the  people  to  go  to  Kansas  to  vote.  The 
Liberty,  Clay  county,  paper,  contained  the  following : 

"  The  election  in  Kansas  Territory  is  close  at  hand,  and  we  embrace 
this,  the  last  opportunity  we  will  have  before  the  attempt,  of  admonish 
ing  Missouri  and  southerners  that  it  is  the  part  of  wisdom  as  well  as 
prudence  to  employ  every  means  of  preparation  necessary  to  a  suc 
cessful  combat  for  the  issue  which  is  suspended  upon  it." 

The  Weston  Reporter  of  March  29th  (1855),  says : — 

"  Our  minds  are  already  made  up  as  to  the  result  of  the  election  in 
Kansas  to-morrow.  The  pro-slavery  party  will  be  triumphant,  tee 
presume,  in  nearly  every  precinct.  Should  the  pro-slavery  party  fail 
in  this  contest,  it  will  not  be  because  Missouri  has  failed  to  do  her 
duty  to  assist  friends.  It  is  a  safe  calculation  that  two  thousand 
squatters  have  passed  over  into  the  promised  land  from  this  part  of 
the  state  within  four  days." 

After  the  election,  the  Missouri  papers  were  filled  with 
jubilant  expressions  of  victory.  The  Platte  Argus  says :  "  It 
is  to  be  admitted  that  they — the  Missourians — have  conquered 
Kansas.  Our  advice  is,  let  them  hold  it  or  die  in  the 
attempt." 

Protests  from  several  of  the  election  districts,  numerously 
signed,  having  been  forwarded  to  the  governor,  he  refused 
issuing  certificates  to  the  members  whose  seats  were  thus  con 
tested,  whereupon  an  open  war  was  declared  upon  him  by  the 
pro-slavery  party.  A  meeting  was  held  at  the  seat  of  govern 
ment  at  which  the  right  of  the  governor  to  call  a  new  election 
was  denied,  and  a  resolution  passed  saying  that  "  in  the  event 
a  new  election  shall  be  ordered  by  the  governor  in  any  dis- 


40  HISTORY  OP  KANSAS. 

trict,  wo  recommend  to  every  law-abiding  and  order-loving 
citizen  of  Kanzns  Territory  riot  to  attend  said  elecrion,  but 
rely  on  the  returns  already  made  t  >  su<t:ii'i  tho  claims  of  tlu.-.sj 
returned  heretofore  to  their  seats  in  each  house/' 

The  governor,  notwithstanding,  did  order  a  new  election  in 
six  of  the  contested  districts,  which  called  forth  the  fury  of 
the  Missouri  papers.  Of  the  articles  published,  the  following 
from  the  Brunswicker  is  a  choice  specimen  : 

"  We  learn,  just  as  we  go  to  press,  that  "Reecler  has  refused  to  irivo 
certificates  to  four  of  the  Couucilmen  and  thirteen  members  of  the 
House.  He  has  ordered  an  election  to  fill  their  places  on  the  21M  of 
May.  This  infernal  scoundrel  will  have  to  be  hemped  yet." 

The  pro-slavery  party  took  no  interest  in  the  May  election, 
having  determined  not  to  recognize  it,  except  in  the  Leaven- 
worth  district,  where  they  re-elected  their  candidates  by  Missouri 
votes.  In  all  the  other  districts  free-state  men  were  elected. 
But  upon  the  assembling  of  the  Legislature  their  seats  were 
refused  them,  and  given  to  those  elected  on  the  30th  of  March. 
There  was  but  one  free-state  member  whose  seat  could  jpot  be 
deprived  him  upon  any  pretence  whatever,  and  this  he  volun 
tarily  resigned,  leaving  the  entire  assembly  of  the  same  political 
complexion. 

The  Kansas  Legislative  Assembly,  elected  by  Missouri  votes, 
convened,  agreeably  to  the  order  of  Governor  Ileeder,  at  Paw 
nee  City,  near  Fort  Kiley,  in  the  interior  of  the  territory,  on 
the  2d  of  July,  1855.  On  the  4th,  an  act  was  passed  to 
remove  the  seat  of  government  to  Shawnee  Mission,  near  the 
Missouri  border.  This  bill  was  vetoed  by  Governor  Ileeder, 
but  was  subsequently  adopted  by  a  two-third  majority,  and 
became  a  law. 

This  body  was  in  session  less  than  fifty  working  days ;  but 
in  looking  over  the  published  records  of  the  amount  of  labor 
it  performed,  it  might  be  regarded  as  the  most  industrious 
legislative  assembly  that  ever  had  an  existence.  Besides  its 
journals,  embracing  two  good  sized  duodecimo  volumes  of  seve 
ral  hundred  pages,  it  discussed  and  adopted  laws  filling  more 
than  a  thousand  octavo  pages.  How  this  was  accomplished  would 
be  a  mystery  to  the  uninitiated;  for  it  would  have  required  all 
the  time  occupied  by  the  meetings  to  read,  at  a  rapid  rate, 
even  a  part  of  the  enactments ;  out  the  mystery  is  revealca 
when  it  is  understood  that  the  Missouri  code  was  adopted 
without  the  laborious  formality  of  reading,  with  the  simple 


REEDER  AND  THE  RAW  LANDS.  41 

instructions  to  the  clerks  to  substitute  the  name  of  "  Kan 
sas  Territory"  wherever  the  "State  of  Missouri"  occuinVi. 
There  were,  however,  some  additions  made  thur,  never 
could  have  received  the  sanction  of  a  Missouri  Legislature. 
These  were  test  and  election  laws,  so  odious  that  even  the 
Kansas  officials,  corrupt  as  they  were,  did  not  attempt  their 
enforcement,  and  hence  remained  dead  letters  upon  the  statute 
book.  The  person  claiming  to  be  the  author  of  these  laws 
says  he  wrote  them  when  under  the  evil  influence  of  bad  whis 
key,  and  that  they  passed  the  Houses  when  the  other  members 
were  in  about  the  same  condition  as  he  was  when  they  were 
written  and  presented.  This  was  as  rational  an  explanation 
as  could  have  been  given  for  their  conception  and  adoption. 

The  Legislature  adjourned  on  the  30th  of  August,  having 
fixed  the  permanent  seat  of  government  at  Lecompton.  This 
was  about  as  inaccessible  and  inconvenient  a  place  as  could 
have  been  chosen  in  the  territory j  but,  as  it  is  maliciously 
affirmed,  that  the  members  received  from  the  town  company 
liberal  grants  of  town  lots  as  the  price  of  their  votes,  they  could 
afford  to  travel  somewhat  out  of  the  ordinary  way,  and  suifer  a 
few  trifling  discomforts,  especially  as  the  public  welfare  was 
thus  to  be  promoted. 


CHAPTER  VII. 

Removal  of  Governor  Reeder. — Secretary  Woodson. — Assumption  of  power 
by  the  Legislature. — Office-holders  all  pro-slavery  men. — Free-state  mass 
meetings  and  conventions. — Elections  for  delegate  to  Congress. — Free- 
sfate  Constitution  adopted. — Dr.  Charles  Robinson  elected  governor. — 
Meetings  of  the  State  Legislature. — Arrest  of  Robinson  and  others  for 
high  treason. — The  Topeka  Legislature  dispersed  by  Col.  Sumner. 

GOVERNOR  REEDER  made  a  visit  to  Washington  in  the  spring 
of  1855,  leaving  Kansas  on  the  19th  of  April,  to  consult  with 
the  administration  on  the  affairs  of  the  territory.  When  about 
to  take  his  departure  for  the  west,  on  the  llth  of  June  following, 
he  received  a  letter  from  Secretary  Marcy,  charging  him  with 
irregular  proceedings,  in  the  purchase  of  Indian  lauds.  The 
governor  replied  to  this  letter,  after  he  had  again  reached 
Kansas,  explaining  the  circumstances  in  question,  and  showing 
that  the  charge  had  no  foundation  other  than  in  the  fact  that 
4* 


42  HISTORY  OF  KANSAS. 

he  was  one  of  a  company  who  had  proposed  to  purchase  a  por 
tion  of  the  Kaw  lands,  provided  the  sanction  of  the  government 
could  be  obtained,  otherwise  the  purchase  was  of  no  avail. 
Although  this  pretended  speculation  was  the  ostensible  ground 
for  his  removal,  of  which  he  received  official  information  on 
the  31st  of  July,  it  was  evident  that  other  reasons,  not  made 
public,  had  influenced  the  action  of  the  administration.  He 
did  not  please  the  southern  wing  of  the  Democratic  party,  and 
the  leading  pro-slavery  men  clamored  for  his  dismissal.  From 
these  he  had  suffered  every  possible  annoyance,  even  to  having 
been  assaulted  and  beaten  in  his  own  office  by  Gen.  B.  F. 
Stringfcliow,  for  having,  as  was  alleged,  spoken  unfavorably, 
when  in  the  east,  of  border  ruffianism.  The  Legislative  As 
sembly  also  sent  a  memorial  to  Washington,  preferring  charges 
against  him,  which  were  not  received  until  after  his  removal. 
The  speculation  in  the  half-breed  lands,  therefore,  while  it 
furnished  a  pretext,  was  not  the  real  cause  for  the  removal  of 
Ileeder. 

The  secretary  of  the  territory,  Daniel  Woodson,  was,  agreea 
bly  to  a  provision  in  the  organic  law,  acting  governor,  from 
the  31st  of  July,  until  "Wilson  Shannon,  the  successor  to 
Eeeder,  arrived  in  the  territory  on  the  1st  of  September. 
Woodson  was  all  that  the  pro-slavery  party  desired.  There 
was  nothing  in  which  he  was  not  willing  and  ready  to  do  their 
bidding.  He  was  emphatically  a  man  after  their  own  heart. 
And  so  well  pleased  were  they  with  his  soundness  and  pliancy, 
that  petitions  were  forwarded  to  Washington,  to  obtain  for  him 
the  appointment  of  governor.  There  was  no  possible  reason 
to  fear  that  he  would  be  guilty  of  the  commission  of  any  act 
that  would  favor  the  free-state  people,  or  that  would  not  have 
for  its  chief  object  the  advancement  of  the  pro-slavery  cause. 

Previous  to  the  removal  of  Ileeder,  the  Legislative  Assem 
bly  had  passed  enactments  stripping  the  governor  of  almost 
every  vestige  of  power,  attempting  even  to  deprive  him  of  the 
privileges  granted  by  the  organic  act.  They  arrogated  to 
themselves  the  appointment  of  all  the  territorial  officers,  and 
selected  none  but  persons  of  their  own  class,  and  those  who 
were  known  to  be  of  the  most  ultra  character.  In  this  they 
had  strictly  followed  the  policy  of  the  administration,  all 
whose  appointments  were  of  the  same  description ;  so  that, 
after  the  removal  of  Reeder,  there  was  but  one  man,  and  he 
the  postmaster  at  Lawrence,  who  held  an  office,  cither  undo- 
the  federal  government,  or  by  appointment  of  the  legislature, 


ELECTION  FOR  DELEGATES  TO  CONGRESS.  43 

or  through  their  agents,  who  was  not  in  favor  of  introducing 
slavery  into  the  territory,  and  through  any  means  by  which 
it  could  be  effected . 

The  free-state  settlers,  believing  themselves  the  subjects  of 
a  cruel  persecution;  feeling  they  could  not  obtain  any  sympa 
thy  from  the  general  government;  and  knowing  they  might 
look  in  vain  for  justice  at  the  hands  of  the  territorial  officers, 
held  mass  meetings  and  conventions,  to  discuss  with  each 
other  the  subject  of  their  grievances.  At  one  of  these  meetings, 
a  resolution  was  passed,  requesting  "  all  bona  fide  citizens  of 
Kansas  Territory,  of  whatever  political  views  or  predilections, 
to  consult  together,  in  their  respective  election  districts/'  and 
elect  u  delegates  to  assemble  in  convention,  at  the  town  of 
Topeka,  on  the  19th  day  of  September,  1855,  then  and  there 
to  consider  and  determine  upon  all  subjects  of  public  interest, 
and  particularly  upon  that  having  reference  to  the  speedy 
formation  of  a  state  constitution,  with  an  intention  of  imme 
diate  application  to  be  admitted  as  a  state  into  the  Union  of 
the  United  States  of  America." 

A  convention,  numerously  attended,  was  held  at  Big  Springs, 
on  the  5th  of  September,  at  which  it  was  resolved,  that  the 
Legislative  Assembly  had  been  fraudulently  elected ;  "  that 
its  laws  had  no  validity  or  binding  force ;  and  that  every  free 
man  was  at  liberty,  consistently  with  his  obligations  as  a  citi 
zen  and  a  man,  to  defy  and  resist  them."  A  resolution  was 
also  passed  denunciatory  of  the  judiciary,  for  entering  "  into 
a  partisan  contest,  and,  by  extra-judicial  decision,  giving 
opinions  in  violation  of  all  propriety."  It  was  further  resolved 
to  endure  and  submit  to  the  laws  of  the  spurious  legislature 
"no  longer  than  the  best  interests  of  the  territory  require,  as 
the  least  of  two  evils;"  and  to  "resist  them  to  a  bloody  issue 
as  soon  as  it  could  be  ascertained  that  peaceable  remedies 
should  fail,  and  forcible  resistance  furnish  any  reasonable 
prospect  of  success ;"  and,  in  the  mean  time,  the  resolution 
read,  "  we  recommend  to  our  friends  throughout  the  territory, 
the  organization  and  discipline  of  volunteer  companies,  and 
the  procurement  and  preparation  of  arms."  They  especially 
repudiated  the  election  law,  determined  not  to  meet  on  the 
day  appointed  for  election,  but  resolved  themselves  to  "  fix 
upon  a  day  for  the  purpose  of  electing  a  delegate  to  Con 
gress/' 

Agreeably  to  this  last  resolve,  the  9th  day  of  October  was 
set  apart  for  the  election  of  a  delegate  to  Congress,  at  which 


44  HISTORY  OF  KANSAS. 

election  Governor  Reeder  received  two  thousand  eight  liun- 
d^c4  ;«.:•(",  sixteen  fr^o-.-tafx  votr*. 

uo  puri  in  the  election.     This  party  had  -lireadv  held  an 
tiou  on  the  first  of  the  month,  when  Whi  :vt;d  over 

three  thousimd  votes,  more  than  eight  hundred  of  them,  a& 
b<;f;.re,  polled  by  invaders  from  tlv  neighboring  state.  The 
free-state  people  kept  away  from  the  polls  on  that  occasion. 

Both  Whitfield  and  Reeder  presented  themselves  in  Wash 
ington,  and  claimed  their  seats  as  delegates.  After  a  careful 
in\ vstigation  of  the  circumstances,  both  were  rejected,  though 
each  received  his  mileage. 

At  the  same  time  the  free-state  election  for  delegate  to 
Congress  was  held,  delegates  to  form  a  constitutional  conven 
tion  were  also  elected.  This  convention  assembled  at  Topeka, 
on  the  23d  of  October,  1855,  at  which  a  state  constitution 
was  adopted,  the  important  feature  of  which  is,  that  "  slavery 
shall  not  exist  in  the  state." 

This  Constitution  was  submitted  to  the  people  for  ratifica 
tion,  on  the  15th  December,  1855,  when  it  received  a  respect 
able  popular  vote.  At  some  of  the  election  districts,  disturb 
ances  were  created,  and  at  Leavenworth,  the  poll-books  were 
seized  and  destroyed.  But  as  a  general  thing,  the  election 
was  permitted  to  go  off  even  more  quietly  than  could,  under 
the  agitated  condition  of  the  territory,  have  been  reasonably 
expected. 

Just  one  week  after  this  December  election,  a  caucus  meet 
ing  was  held  in  Lawrence  to  nominate  a  free-state  ticket  for 
state  officers  under  the  Topeka  Constitution.  At  this  meet-' 
ing,  Dr.  Charles  Robinson,  received  the  nomination  for  go 
vernor,  who  with  the  other  candidates  then  nominated,  was 
subsequently  elected. 

The  newly  elected  State  Legislature,  assembled  at  Topeka 
on  the  1st  of  March,  1856,  and  proceeded  to  organize  a  state 
government.  Dr.  Robinson  took  the  oath  of  office  and  de 
livered  his  inaugural  address.  A  committee  was  appointed  to 
frame  a  code  of  laws  for  the  future  state,  during  the  adjourn 
ment  of  the  Legislature.  Andrew  II.  Reeder  and  James  II. 
Lane  were  elected  United  States  Senators,  to  take  their  scats 
when  the  new  state  should  be  admitted  into  the  Union.  After 
the  transaction  of  this,  and  other  important  business,  the 
Legislature  adjourned  until  the  following  4th  of  July. 

Sheriff  Samuel  J.  Jones,  whose  name  must  necessarily 
figure  somewhat  in  these  pages,  as  a  prominent  agitator  in  all 


TOI>EKA  LEGISLATURE  DISPERSED.  45 

the  Missouri-Kansas  troubles,  was  present  at  the  above  meet 
ing,  busily  employed  in  taking  notes,  and  especially  registering 
the  names  of  the  most  prominent  participants.  Through  his 
instrumentality,  Robinson  and  others  who  were  active  in  the 
movement,  were  subsequently  arrested  and  held  in  confine 
ment  a  period  of  four  months,  on  the  charge  of  high-treason. 
These  men  frequently  demanded  a  trial;  but  the  government 
was  never  ready.  At  length,  Judge  Lecompte,  hearing  thut 
James  H.  Lane  was  inarching  with  a  large  army  to  set  them 
at  liberty,  consented  to  discharge  them  upon  bail.  This  will 
be  the  end  of  the  matter,  as  it  was  never  any  part  of  the  pro 
gramme  to  give  them  a  trial.  Since  the  above  was  written, 
and  after  the  prisoners  had  been  held  in  bail  a  period  of  full 
eight  months,  the  district  attorney,  us  was  predicted,  entered 
nolle  prosequics  in  their  cases,  and  they  were  discharged. 

Previous  to  the  4th  of  July,  threats  were  freely  uttered  by 
the  pro-slavery  party,  that  the  free-state  legislature  should  not 
assemble,  at  that  time,  according  to  its  adjournment.  Their 
first  intention  was  to  disperse  the  members  by  an  arined  force 
of  their  own  people;  but  they  afterwards  determined  upon  a 
wiser  and  safer  course  of  action.  In  consequence  of  these 
threats,  the  free-state  men  began  to  assemble  at  Topeka  in 
considerable  numbers  as  early  as  the  2d  of  July.  Some  of 
the  most  prominent  of  the  partv  being  still  in  prison,  and 
others  having  been  driven  from  the  territory,  they  were  unde 
cided  in  regard  to  the  policy  best  to  be  pursued.  Both 
branches  of  the  State  Legislature  consequently  met  in  con 
vention  on  the  evening  of  July  3d,  and  resolved  to  assemble 
in  regular  session,  agreeably  to  adjournment,  at  noon  on  the 
following  day. 

In  the  mean  time,  a  large  United  States  force,  under  com 
mand  of  Col.  E.  V.  Sumncr,  consisting  of  seven  companies  of 
dragoons  from  Fort  Leaven  worth,  and  four  companies  from 
Fort  Kiley,  had  encamped  close  to  Topeka,  both  to  the  north 
and  the  south  of  the  town.  Secretary  Woodson,  who  in  the 
absence  of  Shannon,  was  again  acting-governor,  accompanied 
the  troops,  as  did  also  the  United  States  Marshal,  Israel  B. 
Donalson. 

On  the  evening  of  the  2d,  a  committee  of  free-state  men 
had  been  appointed  to  correspond  with  Col.  Sumncr,  and 
ascertain,  if  possible,  the  object  of  this  extraordinary  warlike 
demonstration  on  the  part  of  the  United  States.  On  the  od, 
the  committee  received  from  Col.  Sumner  the  following  letter  • 


4G  HISTORY  OF  KANSAS. 

"  Head  Quarters,  First  Cavalry, 

"Camp  at  Topeka,  K.  T.,  July  3,  1856. 

"  Gentlemen  :  In  relation  to  the  assembling  of  the  Topeka  Legisla 
ture  (the  subject  of  our  conversation  last  night),  the  more  I  reflect 
on  it  the  more  I  am  convinced  that  the  peace  of  the  country  will  be 
greatly  endangered  by  your  persistence  in  this  measure.  Under  these 
circumstances  I  would  ask  you  and  your  friends  to  take  the  matter 
into  grave  consideration.  It  will  certainly  be  much  better  that  you 
should  act  voluntarily  in  this  matter,  from  a  sense  of  prudence  and 
patriotism,  at  this  moment  of  high  excitement  throughout  the  coun 
try,  than  that  the  authority  of  the  general  government  should  be 
compelled  to  use  coercive  measures  to  prevent  the  assemblage  of 
that  Legislature. 

"I  am,  gentlemen,  very  respectfully,  your  obedient  servant, 

"  E.   V.   SOMNER, 

"Col.  First  Cavalry  Commanding." 

Early  on  the  morning  of  the  4th  the  convention  again  as 
sembled  in  one  of  the  rooms  appropriated  to  the  Legislature, 
when  they  were  visited  by  Marshal  Donalson,  accompanied  by 
ex-judge  Elmore,  who  by  request  of  the  marshal,  explained 
the  object  of  their  errand.  He  read,  among  other  things,  a 
proclamation  of  President  Pierce,  issued  on  the  preceding  Feb 
ruary,  in  which  he  declared  that  the  laws  of  the  Legislative 
Assembly  as  adopted  at  the  Shawnee  Mission,  should  be  sus 
tained  and  enforced  by  the  entire  force  of  the  government,  and 
concluded  by  delivering  a  proclamation  to  the  same  effect  from 
the  secretary  of  the  territory,  the  acting-governor. 

This  ceremony  concluded,  the  marshal  and  judge  took  their 
departure.  The  excitement  in  the  town  was  intense,  and  the 
entire  population,  embracing  two  volunteer  companies,  who 
were  out  on  parade,  were  assembled  in  and  about  the  legisla 
tive  hall.  A  short  time  before  the  hour  appointed  for  the 
meeting,  Colonel  Sumner,  at  the  head  of  about  two  hundred 
dragoons,  was  seen  approaching  at  a  rapid  rate.  Having  posted 
two  field  pieces  so  as  to  command  the  principal  avenues,  he  drew 
his  forces  up  in  front  of  the  hall  and  entered  the  building ; 
and  addressing  the  people  who  were  there  assembled,  he  in 
formed  them  that  under  the  proclamation  of  the  President,  he 
had  corne  to  disperse  the  Legislature,  which  duty,  though  the 
most  painful  of  his  life,  he  was  compelled  to  perform,  even  if 
it  should  demand  the  employment  of  all  the  forces  in  his  com 
mand.  The  members  present  readily  consented  to  obey, his 
orders,  and  no  attempt  was  made  at  an  organization.  The 
colonel  was  heartily  cheered  as  he  left  the  hall;  and  when  he 
was  about  inarching  off  at  the  head  of  the  troops,  three  groans 


MURDER  OF  COLLINS.  4< 

for  Franklin  Pierce  were  given  with  such  an  unanimity  and 
hearty  good  will  by  the  assembled  multitude,  as  fairly  to  shake 
the  building,  startle  the  horses  of  the  soldiers,  and  betoken 
anything  but  a  friendly  feeling  toward  the  existing  adminis 
tration. 


CHAPTER  VIII. 

Tho  Kansas  Legion. — Patrick  Lfiughlin. — The  murder  of  Collins. — Out 
rages  upon  J.  W.  B.  Kelley. — Rev.  Pardee  Butler  set  adrift  in  the  Mis 
souri  River  on  a  raft. — Disputes  about  land  claims. — The  murder  of 
Dow. — Portrait  of  Sheriff  Jones. — Arrest  and  rescue  of  Jacob  Branson. 

IT  is  not  to  be  presumed  that  all  the  outrages  and  criinos 
committed  in  Kansas  Territory  were  the  work  of  th^  pro- 
slavery  party.  That  party  will  have  a  terrible  catalogue  for 
which  to  account;  but  in  the  great  day  of  retribution  their 
political  opponents  will  not  entirely  escape  condemnation. 
The  pro-slavery  men  were  doubtless  the  original  aggressors; 
but  their  unworthy  example  was  too  eagerly  followed  by  many 
claiming  to  be  the  advocates  of  freedom.  The  one  party 
burned  houses,  and  robbed  and  murdered  unoffending  people; 
and  the  other,  in  retaliation,  committed  the  same  atrocities. 
Buford  collected  a  regiment  of  men  in  Alabama,  South  Caro 
lina,  and  Georgia;  and  Jones,  Whitfield  and  others,  bands  of 
desperadoes  in  Missouri,  which  they  brought  into  Kansas  to 
pillage  and  destroy;  whilst  Lane  marched  in  his  famous 
44  Army  of  the  North,"  whose  path  was  also  marked  with 
desolation  and  ruin.  The  slavery  faction  established  its 
"  Blue  Lodges,"  and  their  opposers  organized  their  "  Kansas 
Legion,"  both  of  which  were  secret  associations,  bound  toge 
ther  by  solemn  oaths,  and  having  signs  and  pass-words  of  re 
cognition.  The  only  difference  was,  that  the  largest  and  most 
respectable  portion  of  the  free-state  party  condemned  the 
"  Kansas  Legion,"  and  took  no  part  in  its  operations;  whilst 
the  "Blue  Lodges"  originated  with,  and  received  their  chief 
encouragement  and  support  from  the  most  prominent,  wealthy 
and  leading  pro-slavery  men,  not  only  in  the  territory,  but  in 
various  states  of  the  Union. 

In    the   summer   of  1855,   an    Irishman,   named  Patrick 


48  HISTORY  OF  KANSAS. 

Laughlin,  who  had  formerly  lived  in  Missouri,  pretended  to 
have  become  a  convert  to  the  free-state  principles,  and  was 
received  into  the  fellowship  of  the  "  Kansas  Legion/'  He 
became  a  very  active  member,  and  was  deputized  to  open 
encampments  in  sundry  free-state  towns.  After  acquainting 
himself  with  all  the  mysteries  and  thoroughly  understanding 
the  working  of  the  entire  machinery,  Patrick  returned  to  the 
pro-slavery  party  and  made  an  expost  of  the  whole  affair, 
telling  perhaps  all  the  truth  and  adding  much  of  his  own  in 
vention.  He  also  became  an  active  persecutor  of  the  free-state 
men,  towards  whom  he  exhibited  the  most  violent  hostility. 
'J'his  led  to  a  personal  altercation  between  Laughlin  and  a 
man  named  Collins,  both  of  whom  resided  at  Doniphan. 

They  met  in  the  vicinity  of  Collins'  saw-mill,  where  himself, 
eons  and  nephews  were  at  work,  Laughlin  having  with  him 
several  friends.  All  the  parties  were  armed.  After  a  wordy 
quarrel  they  were  about  separating,  upon  which  Laughlin 
reiterated  some  offensive  language,  and  Collins  turned  toward 
him.  One  of  the  pro-slavery  men  fired,  hitting  Collins,  who 
returned  the  shot  without  effect,  upon  which  Laughliu  fired 
his  pistol  at  Collins  and  killed  him  instantly.  A  general  fight 
then  ensued,  in  which  bowie-knives  and  pistols  were  freely 
used.  Several  on  both  sides  were  wounded,  and  Laughlin 
seriously.  He  was  carried  to  Atchison,  and  has  entirely  re 
covered.  This  scene  occurred  on  the  25th  of  October. 

The  pro-slavery  residents  of  Atchison  had  previously  re 
solved  to  rid  that  place  of  all  free-state  settlers,  and  accord 
ingly,  on  the  8th  of  August,  they  seized  Mr.  J.  W.  B.  Kelley, 
and  after  having  beaten  and  otherwise  abused  him,  they  drove 
him  from  the  town. 

Soon  after  this  occurrence,  Rev.  Pardee  Butler,  a  preacher 
from  Missouri,  visited  Atchison,  and  having  expressed  himself 
rather  freely  in  condemnation  of  the  outrage  upon  Kelley,  he 
was  forthwith  disposed  of  in  a  summary  and  somewhat  novel 
manner.  The  following  is  the  /Squatter  /Sovereign's  relation 
of  this  affair  : — 

"  On  Thursday  last  one  Pardee  Butler  arrived  in  town  with 
a  view  of  starting  for  the  East,  probably  for  the  purpose  of 
getting  a  fresh  supply  of  free-soilers  from  the  penitentiaries 
and  pest-holes  of  the  northern  states.  Finding  it  iucon- 
veniont  to  depart  before  morning,  he  took  lodgings  at  the 
hotel,  and  proceeded  to  visit  numerous  portions  of  our  town, 
everywhere  avowing  himself  a  free-soiler.  aiid  preaching  the 


MURDER  OF  DOW.  49 

foulest  of  abolition  heresies.  He  declared  the  recent  action 
oi  our  citizens  in  regard  to  J.  W.  B.  Kelley,  the  infa;; 
and  unlawful  proceedings  of  a  mob;  at  the  same  time  stating 
that  many  persons  in  Atchison,  who  were  free-soilers  at  heart, 
had  been  intimidated  thereby,  and  feared  to  avow  their  true 
sentiments;  but  that  he  (Butler)  would  express  his  views  in 
defiance  of  the  whole  community. 

"  On  the  ensuing  morning  our  townsmen  assembled  en 
masse,  and,  deeming  the  presence  of  such  persons  highly 
detrimental  to  the  safety  of  our  slave  property,  appointed  a 
committee  of  two  to  wait  on  Mr.  Butler  and  request  his  signa 
ture  to  the  resolutions  passed  at  the  late  pro-slavery  meeting 
held  in  Atchison.  After  perusing  the  said  resolutions,  Mr.  B. 
positively  declined  signing  them,  and  was  instantly  arrested 
by  the  committee. 

"  After  the  various  plans  for  his  disposal  had  been  consid 
ered,  it  was  finally  decided  to  place  him  on  a  raft  composed 
of  two  logs  firmly  lashed  together;  that  his  baggage  and  a 
loaf  of  bread  be  given  him ;  and  having  attached  a  flag  to  his 
primitive  bark,  emblazoned  with  mottoes  indicative  of  our 
contempt  for  such  characters,  Mr.  Butler  was  set  adrift  in  the 
great  Missouri,  with  the  letter  B,  legibly  painted  on  his 
forehead. 

"  He  was  escorted  some  distance  down  the  river  by  several 
of  our  citizens,  who,  seeing  him  pass  several  rock-heaps  in 
quite  a  skilful  manner,  bade  him  adieu,  and  returned  to 
Atchison. 

"  Such  treatment  may  be  expected  by  all  scoundrels  visiting 
our  town  for  the  purpose  of  interfering  with  our  time-honored 
institutions,  and  the  same  punishment  we  will  be  happy  to 
award  all  free-soilers,  abolitionists,  and  their  emissaries." 

Butler  states  that  Robert  S.  Kclley,  the  junior  editor  of  the 
Squatter  Sovereign  was  one  of  the  most  active  members  of 
the  mob  that  committed  this  disgraceful  act,  and  that  he  as 
sisted  to  tow  the  raft  out  into  the  stream,  where  he  was  set 
adrift,  with  flags  bearing  the  following  strange  inscriptions : 
"  Eastern  Emigrant  Aid  Express.  The  Rev.  Mr.  Butler  for 
the  Underground  Railroad."  "  The  way  they  are  served  in 
Kansas."  "  For  Boston."  "  Cargo  insured — unavoidable 
danger  of  the  Missourians  and  the  Missouri  River  excepted." 
"  Let  future  emissaries  from  the  north  beware.  Our  hemp 
crop  is  sufficient  to  reward  all  such  scoundrels." 

Many  of  the*  personal  rencontres  in  Kansas,  grew  out  of 
5  \) 


50  HISTORY  OF  KANSAS. 

the  unsettled  condition  of  affairs  in  regard  to  the  possession 
of  lands.  Most  of  the  u  claims"  had  been  staked  out  by  per 
sons  living  in  Missouri,  who,  paying  no  proper  regard  to  tho 
requirements  of  the  pre-emption  laws,  had  no  possible  right 
to  the  property  they  assumed  to  own.  These  claims  were,  be 
yond  all  question,  legally  open  for  the  actual  settler.  Such 
was  the  condition  of  a  large  tract  of  valuable  woodland,  at 
Hickory  Point,  bordering  on  the  Wakarusa,  on  the  Santa  Fe 
road.  A  free-state  man,  named  Jacob  Branson,  occupied  a 
claim  in  this  vicinity,  upon  which  he  was  living,  was  improv 
ing,  and  his  right  to  which  was  not  disputed.  The  adjoining 
claim  was  vacant,  and  Branson  invited  a  young  mau  from 
Ohio,  named  Dow,  to  take  it  up,  which  he  did,  and  com 
menced  making  improvements. 

The  pro-slavery  squatters  in  the  neighborhood  determined 
to  drive  off  these  free-state  settlers,  and  sent  an  anonymous 
letter  to  Branson,  filled  with  threats  of  violence,  and  ordering 
him  to  leave ;  whilst  they  maintained  that  Dow's  claim  be 
longed  to  a  William  White,  of  Westport,  and  persisted  in 
cutting  timber  from  it  and  otherwise  annoying  Dow,  with  the 
obvious  and  avowed  purpose  of  creating  a  difficulty.  Dow  at 
length  gave  them  notice  that  he  would  not  longer  submit  to 
these  abuses,  but  would  adopt  measures  to  defend  his  rights. 

The  principal  aggressors  in  this  matter  were  three  pro-slavery 
men,  named  Franklin  M.  Coleman,  Josiah  liargis,  and  Har 
rison  W.  Buckley.  On  the  21st  of  November,  Dow  had  an 
errand  to  a  blacksmith  shop  in  the  vicinity,  to  which  place  he 
was  followed  by  these  three  men,  who  there  provoked  a  quar 
rel  with  him  about  the  claim,  in  the  course  of  which  Buckley 
cocked  his  gun  and  presented  it  at  Dow,  who  entreated  him 
not  to  shoot.  He  then  left  the  shop  and  proceeded  along  the 
Santa  Fe  road  toward  the  house  of  Branson,  at  which  ho 
boarded.  Coleman  followed,  and  soon  overtook  him,  the  other 
two  keeping  a  short  distance  behind.  Upon  reaching  Cole- 
man's  house  they  separated,  Dow  walking  slowly  cm.  As  soon 
as  he  reached  his  house,  Coleman  raised  his  gun,  and  aiming 
at  Dow's  back,  pulled  the  trigger.  The  noise  of  the  explod 
ing  cap,  the  gun  not  discharging,  startled  Dow,  who  suddenly 
turned  towards  Coleman,  and  threw  up  his  arms  imploring 
him  not  to  fire ;  when  Coleman  deliberately  put  on  a  new  cap, 
raised  his  gun  and  discharged  a  heavy  load  of  buckshot  and 
slugs,  which  entered  the  breast  and  heart  of  Dow,  killing  him 
instantly.  The  other  two  parties  to  this  atrocious  murder,  soon. 


SHERIFF  SAMUEL  J.  JONES.  51 

joined  Coleman,  and  the  three  appeared  to  rejoice  over  the 
fiendish  deed.  The  body  of  Dow  lay  in  the  road,  where  it  fell, 
during  the  whole  afternoon,  when  Branson,  hearing  of  the  af 
fair,  had  it  removed  to  his  own  dwelling;.  This  occurrence 
was  witnessed  by  a  man  named  Moody  and  a  wagoner. 

The  authorities  took  no  action  in  the  matter,  and  on  the 
20th  of  the  mouth,  a  meeting  of  settlers  was  held  at  Hickory 
Point  to  take  it  into  consideration.  This  meeting  was  con 
ducted  with  the  utmost  propriety,  simply  passing  resolutions 
condemning  the  murder,  and  appointing  a  committee  to  take 
the  necessary  steps  to  bring  the  criminals  to  punishment.  A 
proposition  was  made  to  burn  their  houses,  but  this  act  was 
almost  universally  condemned  and  deprecated  by  a  resolution. 

Meanwhile,  Coleman  had  fled  towards  Westport,  and  thrown 
himself  upon  the  protection  of  the  renowned  Sheriff  Jones, 
whom  he  met  near  Shawnee  Mission,  and  who  it  is  time  should 
be  properly  introduced  to  the  reader. 

Samuel  J.  Jones  is,  perhaps,  over  thirty  years  of  age,  and 
about  six  feet  in  height,  though  not  stoutly  built.  His  hair 
is  light,  his  complexion  cadaverous,  and  his  features  irregular 
and  unprepossessing.  His  eye  is  small,  and  when  in  repose, 
dull  and  unmeaning.  He  seldom  looks  those  with  whom  he 
is  conversing  full  in  the  face,  though  his  eye  constantly  wan 
ders  about  as  if  he  was  apprehensive  of  some  unknown  dan 
ger.  His  conversation  is  in  short  and  broken  sentences, 
always  well  interspersed  with  oaths,  and  generally  relates  to 
his  own  exploits  against  the  free-state  people,  of  whom  he 
has  been  one  of  the  most  relentless  persecutors.  He  delights 
in  conveying  the  impression  that  he  bears  a  "  charmed  life," 
and  in  proof  of  his  many  "  hair-breadth  'scapes/'  will  occa 
sionally  exhibit  a  broken  watch  chain  or  a  hole  in  his  gar 
ment,  effected  by  a  ball  aimed  at  him  by  some  unseen  enemy. 
He  is  now  suffering  from  a  pistol  ball,  lodged  somewhere  about 
the  spinal  column,  which  he  received  at  night  while  in  a  tent 
at  Lawrence.  Every  attempt,  in  which  the  free-state  men 
were  most  active,  to  discover  the  perpetrator  of  this  outrage, 
proved  futile,  and  even  the  most  rabid  friends  of  Jones  failed 
to  make  any  great  capital  out  of  the  affair.  He  seems  to  have 
pretty  well  understood  the  case,  for  he  has  since  asserted  that 
he  believes  the  shot  was  fired  by  a  man  with  whose  wife  he 
had  been  fooling. 

Sheriff  Jones  is  one  of  the  most  zealous  of  the  pro-slavery 
men,  and  has  done  as  much  to  create  and  perpetuate  the  dim- 


52  HISTORY  OF  KANSAS. 

culties  that  have  disgraced  Kansas,  as  any  other  individual. 
He  has  led  in  bands  of  invaders  to  prevent  the  citizens  from 
giving  a  fair  expression  of  their  opinions  at  the  ballot-box ; 
interfered  with  the  elections  on  every  possible  occasion;  as 
sisted  in  the  destruction  of  property;  and  done  everything  in 
his  power  to  harass  and  distress  free-state  people,  by  whom 
he  is  generally  held  in  detestation.  In  none  of  the  outrages 
in  which  he  has  taken  an  active  part,  however,  has  he  exhi 
bited  evidences  of  that  bravery  his  friends  attribute  to  him ; 
for  in  no  instance  has  he  ever  interfered  with,  or  shown  fight 
to  his  political  opposers,  excepting  when  the  odds  were  decid 
edly  in  his  favor,  as  respected  arms  and  physical  and  numeri 
cal  strength.  Jones  is  held  in  the  highest  estimation  by  his 
party,  and  is  always  consulted  when  there  is  any  mischief  in 
contemplation.  He  owns  some  real  estate,  all  of  which  is  en 
cumbered  to  nearly  if  not  its  full  value,  and  his  name  stands 
upon  the  bail-bonds  of  some  of  the  worst  men  that  have  yet 
been  indicted  for  crime  by  the  grand  juries. 

When  Coleman  told  his  story  to  Jones,  the  sheriff  accom 
panied  him  to  Shawnee  Mission,  where  by  advice,  he  surren 
dered  himself  to  Governor  Shannon,  and  then  accompanied 
Jones  towards  Lecompton,  to  be  examined.  Upon  reaching 
Franklin,  this  party  were  joined  by  Hargis  and  Buckley, 
when  a  most  interesting  scheme  was  concocted.  Buckley  was 
induced  to  swear  that  his  life  was  in  danger  from  threats  made 
by  old  Jacob  Branson,  the  friend  of  young  Dow,  and  to  effect 
the  arrest  of  Branson,  Jones  induced  a  justice  of  the  peace, 
named  Hugh  Cameron,  to  issue  a  peace- warrant  for  Branson's 
arrest,  which  was  given  to  the  sheriff  for  execution.  A  party 
of  fifteen  was  then  obtained  as  a  posse,  including  Jones  and 
the  two  accessories  to  the  murder  of  Dow,  who  reached  Bran 
son's  house  toward  midnight  of  the  26th,  the  same  day  upon 
which  the  meeting  at  Hickory  Point  was  held.  The  door  was 
burst  open,  and  Branson  arrested  while  in  bed. 

In  the  meantime,  the  free-state  settlers  in  the  neighborhood, 
ascertained  what  was  going  on,  and  hastily  forming  a  company, 
posted  themselves  at  Blanton's  Bridge,  where  they  knew 
Jones  must  pass  with  his  prisoner.  Here  the  parties  met 
about  two  hours  after  midnight,  and  the  free-state  men  de 
manded  the  surrender  of  Branson.  Jones  first  swore  terrifi 
cally,  and  then  coaxed  the  rescuers  to  allow  him  to  proceed, 
as  he  was  the  sheriff  of  Douglas  county,  and  in  discharge 
of  his  official  duty.  The  opposite  party  were  inexorable  and 


GOVERNOR  WILSON  SHANNON.  53 

demanded  that  Jacob  Branson  should  be  delivered  into  their 
hands.  The  sheriff  then  declared  he  would  fire  into  them  if 
they  persisted,  to  which  he  received  the  reply  that  he  might 
fire  and  be  d — d;  that  at  that  game  both  parties  might  take 
a  hand.  Branson  then  left  the  sheriffs  party,  and,  without 
any  attempt  at  violent  detention,  joined  his  friends,  who,  leav 
ing  Jones  mad  with  anger,  and  loudly  vaporing  in  the  road, 
marched  triumphantly  toward  Lawrence,  which  town  they  en 
tered  before  the  sun  had  risen. 

A  number  of  affidavits  were  made  in  regard  to  the  arrest 
an<fl  rescue  of  Branson,  by  Hargis,  Buckley,  and  Jones,  of 
the  pro-slavery,  and  sundry  individuals  of  the  free-state  party, 
all  of  which  substantiate  the  above  relation,  the  principal  dif 
ference  being  in  the  unimportant  fact,  that  the  rescuing  com 
pany,  agreeably  to  the  account  of  the  sheriff  and  his  friends, 
were  exaggerated  to  the  number  of  thirty  or  forty,  while 
themselves  claim,  which  seems  to  be  the  true  state  of  the 
case,  only  fourteen  men. 

Coleman  was  taken  to  Lecompton,  where  he  was  discharged 
from  custody  upon  entering  bail  in  the  sum  of  five  hundred 
dollars.  Just  before  the  murder  of  Dow  he  had  been  com 
missioned  as  a  justice  of  the  peace  by  Governor  Shannon. 

>^^- 


CHAPTER  IX. 

Governor  Wilson   Shannon. — Consequences  of  the  arresl 

Branson. — Meeting  at  Lawrence. — Military  organization  for  defence. — 
Sheriff  Jones  requires  three  thousand  men. — The  governor  orders  out 
the  militia. — A  general  call  to  arms. — The  governor  issues  a  proclama 
tion. — War  excitement  in  Missouri. — The  invading  army. — Governor 
Shannon's  excuse. 

WILSON  SHANNON,  at  the  time  of  the  occurrences  narrated 
in  the  last  part  of  the  preceding  chapter,  was  Governor  of 
Kansas,  having  arrived  in  the  territory  and  assumed  the  ex 
ecutive  functions  on  the  1st  of  September,  1855.  The  ob 
jects  of  his  appointment  at  that  peculiar  period,  to  such  an 
important  trust,  though  inexplicable  to  all  who  knew  his  quali 
fications,  was  doubtless  well  understood  by  the  administration. 
He  had  previously  held  several  responsible  public  positions, 
in  neither  of  which  he  did  any  great  credit  to  himself  or  to 
5  * 


54  HISTORY  OF  KANSAS. 

the  appointing  power.  He  was  decidedly  a  pro-slavery  man. 
though  hailing  from  a  free  state,  and  in  a  speech  he  made  at 
Westport,  before  entering  the  territory,  proclaimed  his  deter 
mination  to  exert  to  the  utmost  of  his  abilities,  in  his  official 
capacity,  all  his  influence  and  power  to  promote  the  interests 
of  the  pro-slavery  cause.  But  he  lacked  the  moral  courage 
to  accomplish  the  work  he  had  promised  and  was  expected  to 
perform.  The  leaders  of  the  free-state  party  soon  understood 
the  weak  points  of  his  character,  and  by  appealing  success 
fully  to  his  grosser  passions,  caused  him  so  to  vacillate  as  to 
render  him  a  subject  of  their  own  ridicule  and  the  contempt 
of  those  whom  he  desired  to  serve.  He  soon  lost  the  confi 
dence  of  all  classes.  The  frce-sta^te  people  were  content  to 
have  him  retained  in  office,  as  they  considered  him  less  dan 
gerous  to  their  interests  than  one  entertaining  the  same  sen 
timents  but  greater  force  of  character;  but  those  of  the  oppo 
site  side  required  a  man  who  would  stand  firmly  by  them  in 
every  critical  emergency.  Hence  they  not  only  sought  his 
removal,  and  left  no  means  untried  to  annoy  and  embarrass 
him,  but  actually  at  last,  succeeded  in  terrifying  him  to  such 
an  extent,  that  he  fled  alone  from  the  territory  with  the 
apprehension  that  his  life  was  really  in  danger  from  their 
hands. 

The  arrest  and  rescue  of  Branson  led  to  many  serious  diffi 
culties.  It  was,  in  fact,  the  beginning  of  the  war  which  was 
subsequently  waged  with  such  frightful  consequences.  Soon 
after  he  reached  Lawrence,  a  meeting  of  the  citizens  was  held, 
at  which  S.  N.  Wood,  the  leader  of  the  rescuing  party  pre 
sided,  and  at  which,  because  of  the  fierce  threats  of  Sheritf 
Jones,  it  was  resolved  to  form  a  military  organization,  and  to 
prepare  to  defend  the  town  against  an  expected  assault.  Dr. 
Charles  Robinson  was  chosen  commander-in-chief  of  the  volun 
teer  forces,  and  Col.  James  H.  Lane  to  be  the  second  in  com 
mand.  A  large  fortification  was  thrown  up  on  Mount  Oread, 
a  prominence  commanding  the  main  entrances  to  the  city,  in 
various  parts  of  which  earthen  breastworks,  or  redoubts,  were 
constructed. 

Sheriff  Jones  hastened  from  the  scene  of  his  discomfiture  to 
the  town  of  Franklin,  where  he  raved  like  one  bereft  of  his 
reason,  and  swore  terrifically  that  he  would  have  revenge  be 
fore  he  returned  to  Missouri.  He  forthwith  sent  a  messenger 
to  Col.  A.  Gr.  Boone,  of  Westport,  and  another  to  Governor 
Shannon,  with  the  following  dispatch : — 


THE  MILITIA  ORDERED  OUT.  55 

"Douglas  County,  K.  T.,  Nov.  27,  1855. 

'~rm  i  Last  night  I,  with  a  posse  of  ten  men,  arrested  one  Jacob 
Branson,  by  virtue  of  a  peace-warrant  regularly  issued,  "Who,  on  our 
return,  was  rescued  by  a  party  of  forty  armed  men,  who  rushed  upon 
us  suddenly  from  behind  a  house  upon  the  road-side,  all  armed  to  the 
teeth  with  Sharpe's  rifles. 

"  You  may  consider  an  open  rebellion  as  having  already  commenced, 
aud  I  call  upon  you  for  three  thousand  men  to  carry  out  the  laws. 
Mr.  Hargis  (the  bearer  of  the  letter)  will  give  you  more  particularly 
the  circumstances. 

"  Most  respectfully,  SAMUEL  J.  JONES, 

"  Sheriff  of  Douglas  Co. 
"  To  his  Excellency,  WILSON  SHANNON, 

"Governor  of  Kansas  Territory." 

This  requisition  for  three  thousand  men  might  excite  ridi 
cule  were  it  not  known  that  Jones  had  already  laid  his  plans 
to  obtain  them  from  Missouri ;  and  of  such  a  class  as  he  knew 
would  be  willing  to  do  his  bidding.  At  this  time  the  gover 
nor  had  no  Kansas  militia  to  furnish  the  sheriff,  no  organiza 
tion  having  ever  been  effected,  and  the  entire  territorial 
military  force  consisted  of  a  few  generals  and  other  commis 
sioned  officers.  The  governor,  however,  desirous  of  gratifying 
the  sheriff  to  the  full  extent  of  his  means,  issued  the  follow 
ing  dispatch  to  William  P.  Richardson,  a  citizen  of  Missouri, 
but  a  member  of  the  Kansas  Council  and  major  general  of 
the  territorial  militia.  The  governor  dates,  in  true  military 
style,  from  Head  Quarters : — 

"  Head  Quarters,  Shawnee  Mission,  K.  T., 

"Nov.  27,  1855. 
"MAJOR-GENERAL  WILLIAM  P.  RICHARDSON, 

"Sir:  Reliable  information  has  reached  me  that  an  armed  military 
force  is  now  in  Lawrence,  or  in  that  vicinity,  in  open  rebellion  against 
the  laws  of  this  territory ;  and  that  they  have  determined  that  no 
process  in  the  hands  of  the  sheriff  of  that  county  shall  be  executed. 
I  have  received  a  letter  from  S.  J.  Jones,  the  sheriff  of  Douglas 
county,  informing  me  that  he  had  arrested  a  man  under  a  warrant 
placed  in  his  hands ;  and  while  conveying  him  to  Lecompton,  he  was 
met  by  an  armed  force  of  some  forty  men,  who  rescued  the  prisoner 
from  his  custody,  and  bid  open  defiance  to  the  law.  I  am  also  duly 
informed  that  a  band  of  armed  men  have  burned  a  number  of  houses, 
destroyed  personal  property,  and  turned  whole  families  out  of  doors. 
This  has  occurred  in  Douglas  county ;  warrants  will  be  issued  against 
these  men  and  placed  in  the  hands  of  Mr.  Jones,  the  sheriff  of  that 
county,  for  execution ;  who  has  written  to  me,  demanding  three 
thousand  men  to  aid  him  in  preserving  the  peace  and  carrying  out 
the  process  of  the  law. 

"  You  are  hereby  ordered  to  collect  together  as  large  a  force  as 


5G  HISTORY  OF  KANSAS. 

you  can  in  your  division,  and  repair  without  delay  to  Lpcompton, 
and  report  yourself  to  S.  J'.  Jones,  sheriff  of  Douglas  county.  You 
will  inform  him  of  the  number  of  men  under  your  control,  and  render 
him  all  the  assistance  in  your  power,  should  he  require  your  aid  in 
the  execution  of  any  legal  process  in  his  hands. 

"  The  forces  under  your  command  are   to  be  used  for  the   sole 
purpose  of  aiding  the  sheriff  in  executing  the  law,  and  for  none  other. 
"I  have  the  honor  to  be  your  obt.  servt., 

"  WILSON  SHANNON." 

A  similar  order  was  addressed  on  the  same  day  to  Adjutant 
General  Hiram  J.  Strickler.  The  brigadier  general  of  the 
second  division,  residing  at  Leavenworth  City,  also  a  member 
of  the  Council  and  editor  of  the  Leavenworth  Herald,  had 
received  a  dispatch  by  a  special  messenger,  from  Head  Quar 
ters,  and  on  the  28th  issued  the  following  order : — 

"  Head  Quarters  of  Second  Brigade  of  Northern  Division  of 

Kansas  Militia,  Leavenworth  City,  Nov.  28,  1855. 
"  To  the  Militia  of  the  Second  Brigade: 

"  Information  has  been  received  by  me  that  a  state  of  open  rebellion 
is  now  in  existence  in  Douglas  county,  Kansas  Territory.  This  is, 
therefore,  to  command  the  militia  of  my  brigade  of  the  Northern 
Division  to  meet  at  Leavenworth  City,  on  Saturday,  1st  day  of 
December,  1855,  at  11  o'clock,  A.  M.,  armed  and  equipped  according 
to  law,  and  to  hold  themselves  in  readiness,  subject  to  the  order  of 
Major-General  W.  P.  Richardson. 

"  Bring  your  arms  and  ammunition  along. 

"LuciAN  J.  EASTIN, 
"Brig.  Gen.  of  2d  Brigade,  Northern  Division  Kansas  Militia." 

The  following  hand-bill  was  posted  in  various  prominent 
places : — 

"  TO  ARMS  !    TO  ARMS  ! 

"  It  is  expected  that  every  lover  of  law  and  order  will  rally  at 
Leavenworth  on  Saturday,  December  1st,  1855,  prepared  to  march  at 
once  to  the  scene  of  rebellion,  to  put  down  the  outlaws  of  Douglas 
county,  who  are  committing  depredations  upon  persons  and  property, 
burning  down  houses,  and  declaring  open  hostility  and  resistance  to 
the  laws,  and  have  forcibly  rescued  a  prisoner  from  the  sheriff. 
Come  one,  come  all !  The  laws  must  be  executed.  The  outlaws,  it 
is  said,  are  armed  to  the  teeth,  and  number  one  thousand  men. 
Every  man  should  bring  his  rifle,  ammunition,  and  it  would  be  well 
to  bring  two  or  three  days'  provisions.  Let  the  call  be  promptly 
obeyed.  Every  man  to  his  post,  and  to  his  duty. 

"MANY  CITIZENS." 

A  proclamation  was  issued  by  the  governor  on  the  29th, 
setting  forth  that  the  sheriif  had  been  molested  in  the  discharge 


MISSOURI  VOLUNTEERS.  57 

of  his  official  duties,  a  prisoner  rescued  from  l.is  hands,  and 
his  life  endangered,  and  calling  upon  all  good  citizens  to  come 
forward  to  assist  in  reclaiming  the  said  prisoner,  and  to  dis 
perse  a  "  numerous  association  of  lawless  men,  armed 
deadly  weapons,  and  supplied  with  all  the  implements  of  war, 
combined  and  confederated  together  for  the  avowed  purpose 
of  opposing,  by  force  and  violence,  the  execution  of  the  lawd 
of  this  territory." 

Col.  Boone,  having  received  the  dispatch  of  Sheriff  Jones, 
immediately  called  upon  sundry  prominent  men  of  Indepen 
dence,  Mo.,  for  help,  and  upon  receiving  a  letter  asking  fur 
ther  information,  replied  as  follows  : — 

"Shawnee  Mission,  Nov.  30,  5  A.  M. 
"To  DR.  McMuRRY  AND  COL.  SAM'L  WOODSON: 

"Your  favor  was  received.  I  thought  I  was  too  well  known  in  the 
community  to  be  thought  capable  of  practising  a  hoax.  The  marshal 
has  a  requisition  from  the  governor  to  arrest  forty-two  men  in 
Lawrence,  and  they  refuse  to  give  them  up,  and  he  calls  for  volunteers, 
and  if  the  citizens  refuse  to  aid  him,  I  cannot  help  it.  They  also  say 
publicly  that  they  will  take  Coleman  and  Jones,  and  hang  them  both. 

"  They  are  drilling  in  the  open  prairie  every  day,  and  have  five 
fine  pieces  of  artillery,  and  openly  bid  defiance  to  the  laws. 

"  A  large  number  of  them  were  seen  crossing  from  Delaware  and 
Leavenworth  yesterday,  going  to  Lawrence. 

"A  member  of  the  Legislature  was  from  there  yesterday  morning 
for  guns.  We  can  only  send  twenty.  Jones  also  sends  for  a  wagon- 
load  of  ammunition  and  cannon. 

"Now  act,  or  not,  as  you  please.  If  you  will  send  the  cannon 
here,  I  will  take  it  there  myself.  In  haste. 

"A.  G.  BOONE." 

Upon  the  receipt  of  this,  the  following  circular  was  published 
and  widely  circulated. — 

"Independence,  Mo.,  Dec.  2. 

"An  express,  in  at  ten  o'clock  last  night,  says  all  the  volunteers, 
ammunition,  &c.,  that  can  be  raised  will  be  needed.  The  express 
was  forwarded  by  Gov.  Shannon  to  Col.  Woodson,  and  by  Woodson 
to  this  place,  to  be  transmitted  to  various  parts  of  the  county.  Call 
a  meeting,  and  do  everything  you  can. 

"  DRS.  McMuRRT  AND  HENRY." 

The  Col.  Woodson  here  named,  is  a  member  of  Congress 
from  Missouri,  but  has  on  several  occasions  taken  an  active 
part  among  the  Missouri  invaders  of  Kansas.  On  the  next 
day,  another  circular,  still  more  inflammatory,  and  numerously 
signed  by  respectable  citizens,  was  published  at  Independence, 
of  which  the  following  is  a  copy  : — 


58  HISTORY  OF  KANSAS. 

"  Independence,  Dec.  3,  8  P.  M. 

"Jones  will  not  make  a  move  until  there  is  sufficient  force  in  the 
field  to  ensure  success.  We  have  not  more  than  three  hundred  men 
in  the  territory.  You  will,  therefore,  urge  all  who  are  interested  in 
the  matter  to  start  immediately  for  the  seat  of  war.  There  is  no 
doubt  in  regard  to  having  a  fight,  and  we  all  know  that  a  great  many  have 
complained  because  they  were  disappointed  heretofore  in  regard  to  a  fight. 
Say  to  them,  now  is  the  time  to  shoio  game,  and,  if  we  are  defeated  this 
time,  the  territory  is  lost  to  the  South." 

From  Kansas  City,  the  following  dispatch  was  sent  to  Platte 
county,  to  encourage  the  people  of  that  neighborhood,  and  it 
was  there  circulated,  accompanied  with  appeals  for  men,  arms, 
money  and  provisions  : — 

"Kansas  City,  Mo.,  Dec.  3,  8  P.  M. 

"  Mr.  Payne,  the  mayor  of  this  city,  went  to  Liberty  to-day,  and 
succeeded  in  raising  two  hundred  men  and  one  thousand  dollars  for 
the  assistance  of  Jones." 

Many  documents  of  this  description  were  widely  spread  all 
along  the  western  border  of  Missouri.  The  result  was  that  about 
fifteen  hundred  men  were  gathered  in  that  state,  who  entered 
Kansas,  and  encamped  on  the  Wakarusa,  a  few  miles  from  the 
town  of  Lawrence.  Concerning  this  invading  army,  Gov. 
Shannon  uses  the  following  apologetic  language,  which  more 
than  his  acts,  exhibits  his  weakness  and  incompetency  to  govern 
under  the  trying  circumstances  in  which  he  suffered  himself 
to  become  involved,  by  heeding  the  counsels  and  yielding  to 
the  mandates  of  a  rash,  passionate,  and  arbitrary  subordinate. 

"These  men,"  he  says,  "came  to  the  Wakarusa  camp  to 
fight ;  they  did  not  ask  peace;  it  was  war — war  to  the  knife. 
They  would  come ;  it  was  impossible  to  prevent  them.'  What, 
then,  was  my  policy?  Certainly  this ;  to  mitigate  an  evil,  which 
it  was  impossible  to  suppress,  by  bringing  under  military  control 
these  irregular  and  excited  forces.  This  was  only  to  be  accom 
plished  by  permitting  the  continuance  of  the  course  which  lad 
already  been  adopted,  without  my  knowledge,  by  Generals 
Richardson  and  Strickler ;  that  is,  to  have  the  volunteers  in 
corporated,  as  they  came  in,  into  the  already  organized  com 
mand.  A  portion  of  these  men,  who  were  mostly  from  Jackson 
county,  Mo.,  reported  themselves  to  Sheriff  Jones,  by  giving 
in  a  list  of  their  names,  as  willing  to  serve  in  his  posse  ;  and 
he,  after  taking  legal  advice  upon  the  question,  determined  to 
receive  them.  They  were  accordingly  enrolled/' 


CALL  FOR  UNITED  STATES  TROOPS.          59 


CHAPTER  X. 

The  governor  calls  upon  Colonel  Suraner  for  United  States  troops. — Pro 
position  for  the  Lawrence  people  to  surrender  their  arms. — The  go 
vernor  makes  a  treaty  vrith  the  free-state  generals. — Dispersion  of  the 
militia, 

GOVERNOR  SHANNON  discovered  that  it  was  easier  to  raise 
than  allay  a  storm  among  the  excitable  people  with  whom  he 
had  to  deal,  and  was  alarmed  at  the  probable  consequences  of 
his  own  hasty  action.  He  was  sensible  of  the  difficulty  he 
would  have  to  control  the  lawless  invaders  whom  he  had  caused 
to  be  enrolled  as  Kansas  militia.  Some  of  the  more  judicious 
of  the  pro-slavery  leaders  saw  the  subject  in  its  true  and  fright 
ful  aspects,  and  began  to  suggest  measures  to  end  the  troubles 
without  the  threatened  loss  of  life  and  property.  Hence 
General  Eastin  dispatched  the  following  advice  $o  Governor 
Shannon : — 

"  Leavenworth,  K.  T.,  Nov.  30,  1855. 
"  GOVERNOR  SHANNON  : 

"Information  has  been  received  here  direct  from  Lawrence,  which 
I  consider  reliable,  that  the  outlaws  of  Douglas  county  are  well  forti 
fied  at  Lawrence  with  cannon  and  Sharpe's  rifles,  and  number  at  lea$t 
one  thousand  men.  It  will,  therefore,  be  difficult  to  dispossess  them. 
"The  militia  in  this  portion  of  the  state  are  entirely  unorganized, 
and  mostly  without  arms. 

"  I  suggest  the  propriety  of  calling  upon  the  military  at  Fort 
Leavenworth.  If  you  have  the  power  to  call  out  the  government 
troops,  I  think  it  would  be  best  to  do  so  at  once.  It  might  overawe 
these  outlaws  and  pi-event  bloodshed. 

"L.  J.  EASTIN, 
"Brig.  General,  Northern  Brigade,  K.  M." 

The  governor  adopted  this  suggestion  as  the  easiest  means 
of  freeing  himself  from  his  unfortunate  dilemma,  and  immedi 
ately  forwarded  several  dispatches  to  Colonel  Sumner,  com 
manding  at  Fort  Leavenworth,  asking  him  to  interpose  the 
United  States  troops  between  the  opposing  parties,  and  thus 
prevent  a  collision.  To  all  of  which  the  colonel  replied  that 
he  did  not  feel  justified  to  act  "in  this  matter  until  orders  were 
received  from  the  government."  Some  of  the  leaders  of  the 
Wakarasa  army  had  attempted  to  intercept  Shannon's  dis 
patches  to  Colonel  Sumner,  in  order  to  prevent  the  interference 
of  the  United  States  forces,  until  they  could  destroy  the  town 


60  HISTORY  OF  KANSAS. 

of  Lawrence.  The  following  letter  from  Colonel  Joseph  C. 
Anderson,  of  Lexington,  Missouri,  indicates  the  feelings  of  the 
invading  army : — 

"  MAJOR-GENERAL  WILLIAM  P.  RICHARDSON  : 

"Sir:  I  have  reason  to  believe  from  rumors  in  camp  that  before 
to-morrow  morning  the  black  flag  will  be  hoisted,  when  nine  out  of 
ten  will  rally  round  it,  and  march  without  orders  upon  Lawrence. 
The  forces  at  the  Lecompton  camp  fully  understand  the  plot,  and  will 
fight  under  the  same  banner. 

"  If  Governor  Shannon  will  pledge  himself  not  to  allow  any  United 
States  officer  to  interfere  with  the  arms  belonging  to  the  United 
States  now  in  their  possession,  and,  in  case  there  is  no  battle,  order 
the  United  States  forces  off  at  once,  and  retain  the  militia,  provided 
any  force  is  retained — all  will  be  well,  and  all  will  obey  to  the  end, 
and  commit  no  depredation  upon  private  property  in  Lawrence. 

"  I  fear  a  collision  between  the  United  States  soldiers,  and  the 
volunteers,  which  would  be  dreadful. 

"  Speedy  measures  should  be  taken.  Let  the  men  know  at  once — 
to-night — and  I  fear  that  it  will  even  then  be  too  late  io  slay  the  rank- 
ness  of  our  people. 

"Respectfully,  your  obedient  servant, 

"J.  C.  ANDERSON." 

General  Richardson  was  beginning  to  open  his  eyes,  and  to 
see  that  an  attack  upon  Lawrence  might  not,  after  all,  be  an 
entirely  one-sided  battle.  It  had  been  ascertained,  in  the 
Wakarusa  camp,  that  Robinson  and  Lane  had  not  been  wholly 
idle,  but  had  collected  a  force  of  over  one  thousand  men,  many 
of  them  armed  with  Sharpe's  rifles,  and  having  in  possession 
several  cannon,  and  that  they  seemed  as  anxious  for  an  oppor 
tunity  to  resist  as  were 'their  enemies  to  attack.  Hence  the 
general  proposed  to  the  governor,  that,  instead  of  assaulting 
Lawrence,  it  would  be  better,  in  order  to  prevent  the  effusion 
of  blood,  simply  to  demand  of  the  citizens  to  surrender  their 
arms. 

But  the  governor  could  not  clearly  perceive  how  the  course 
suggested  by  his  friend,  would  tend  to  "  prevent  the  effusion 
of  blood  and  preserve  the  peace  of  the  territory."  He  knew 
the  people  of  Lawrence  too  well  to  suppose  they  would  peacea 
bly  surrender  their  arms,  and  thus  expose  themselves,  in  a 
defenceless  condition,  to  the  tender  mercies  of  the  fierce  men 
who  were  thirsting  for  their  blood;  and  he  felt  quite  well 
assured  that  an  attempt  to  deprive  them  of  those  arms  by  force, 
might  lead  to  anything  but  the  most  desirable  results.  He, 
therefore,  preferred  to  follow  the  more  sensible  advice  of 
Colonel  Sumncr,  who  said:  "I  would  respectfully  suggest 


GOVERNOR  SHANNON'S  TROOPS.        61 

that  you  make  your  application  to  the  government  extensively 
known,  at  once  \  and  I  would  countermand  any  orders  that 
may  have  been  given  for  the  movement  of  the  militia,  until 
you  receive  the  answer." 

Accordingly,  his  excellency  addressed  communications  to 
General  Richardson  and  Sheriff  Jones,  ordering  them  to  pro 
ceed  no  further  until  he  should  receive  instructions  from 
Washington,  in  reference  to  the  employment  of  the  United 
States  troops.  Richardson  readily  acquiesced;  but  Jones, 
whose  voice  was  "  still  for  war/'  addressed  the  following  rather 
indignant  reply  to  the  governor : — 

"  Camp,  at  Wakarusa,  Dec.  4,  1855. 
"  His  EXCELLENCY,  GOVERNOR  WILSON  SHANNON  : 

"  Sir:  In  reply  to  your  communication  of  yesterday  I  have  to  inform 
you  that  the  volunteer  forces,  now  at  this  place  and  at  Lecompton, 
are  getting  weary  of  inaction.  They  will  not,  I  presume,  remain  but 
a  very  short  time  longer,  unless  a  demand  for  the  prisoner  is  made. 
I  think  I  shall  have  a  sufficient  force  to  protect  me  by  to-morrow 
morning.  The  force  at  Lawrence  is  not  half  so  strong  as  reported  ; 
I  have  this  from  a  reliable  source.  If  I  am  to  wait  for  the  govern 
ment  troops,  more  than  two-thirds  of  the  men  now  here  will  go  away, 
very  much  dissatisfied.  They  are  leaving  hourly  as  it  is.  I  do  not, 
by  any  means,  wish  to  violate  your  orders,  but  I  really  believe  that 
if  I  have  a  sufficient  force,  it  would  be  better  to  make  the  demand. 

"  It  is  reported  that  the  people  of  Lawrence  have  run  off  those 
offenders  from  that  town,  and,  indeed,  it  is  said  that  they  are  now  all 
out  of  the  way.  I  have  writs  for  sixteen  persons,  who  were  with  the 
party  that  rescued  my  prisoner.  S.  N.  Wood,  P.  K  Brooks,  and 
Saml.  Tappan  are  of  Lawrence,  the  balance  from  the  country  round. 
Warrants  will  be  placed  in  my  hands  to-day  for  the  arrest  of  G.  W. 
Brown,  and  probably  others  in  Lawrence.  They  say  that  they  are 
willing  to  obey  the  laws,  but  no  confidence  can  be  placed  in  any 
statements  they  may  make. 

"  No  evidence  sufficient  to  cause  a  warrant  to  issue  has  as  yet  been 
brought  against  those  lawless  men  who  fired  the  houses. 

"  I  would  give  you  the  names  of  the  defendants,  but  the  writs  are 
In  my  office  at  Lecompton. 

«« Most  respectfully  yours, 

"SAMUEL  J.  JONES, 
"  Sheriff  of  Douglas  county." 

Affairs  remained  unchanged  until  the  6th  of  the  month, 
when  the  governor  called  a  convention  of  officers,  to  consult 
with  them  in  regard  to  his  desires  and  purposes.  They  con 
vened  at  his  quarters,  when,  after  defining  his  position,  he 
u  soon  discovered/*  as  he  says,  "  but  one  person  present  who 
fully  approved  of  the  course  which  he  desired  to  pursue.  The 
G 


62  HISTORY  OF  KANSAS. 

others  wished  to  go  further.  Some  would  hear  of  nothing 
less  than  the  destruction  of  Lawrence  and  its  fortifications,  the 
demolition  of  its  printing  presses,  and  the  unconditional  sur 
render  of  the  arms  of  its  citizens.  Others,  more  moderate, 
expressed  a  willingness  to  be  satisfied,  if  the  free-state  party 
would  give  up  their  Sharpe's  rifles  and  revolvers.  Under 
these  unfavorable  circumstances,  the  conference  broke  up  at 
midnight,  having  accomplished  nothing  beyond  the  inter 
change  of  opinions  on  either  side." 

On  the  morning  of  the  7th,  the  governor  visited  Lawrence, 
and,  in  a  lengthy  interview  with  Robinson  and  Lane,  sug 
gested,  as  a  means  of  safety  to  the  citizens  and  of  peace  to  the 
territory,  that  they  should  surrender  their  arms  to  General 
Richardson,  which  proposition  was  positively  declined. 

On  the  following  day,  prominent  men  of  the  pro-slavery 
party  informed  the  governor  that  if  the  citizens  of  Lawrence 
did  not  give  up  their  arms,  the  place  would  be  attacked,  and 
that  he  had  better  consult  his  own  safety  and  keep  out  of 
danger. 

His  excellency,  therefore,  again  hastened  to  Lawrence, 
where  he  found  that  the  people  had  held  a  meeting,  on  the 
previous  evening,  and  submitted  to  writing  the  terms  on 
which  they  proposed  to  treat.  These,  with  few  alterations, 
were  agreed  to,  and  received  the  signatures  of  the  contracting 
parties,  as  follows  : — 

"  Whereas,  there  is  a  misunderstanding  between  the  people  of 
Kansas,  or  a  portion  of  them,  and  the  governor  thereof,  arising  out 
of  the  rescue  at  Hickory  Point  of  a  citizen  under  arrest,  and  other 
matters:  And  whereas,  a  strong  apprehension  exists  that  said  mis 
understanding  may  lead  to  civil  strife  and  bloodshed :  And,  whereas, 
as  it  is  desired  by  both  Governor  Shannon  and  the  citizens  of  Law 
rence  and  its  vicinity,  to  avoid  a  calamity  so  disastrous  to  the  inte 
rests  of  the  territory  and  the  Union  ;  and  to  place  all  parties  in  a 
correct  position  before  the  world :  Now,  therefore  it  is  agreed  by  the 
said  Governor  Shannon  and  the  undersigned  citizens  of  the  said  ter 
ritory,  in  Lawrence  now  assembled,  that  the  matter  is  settled  as  fol 
lows,  to  wit : 

"  We,  the  said  citizens  of  said  territory,  protest  that  the  said  rescue 
was  made  without  our  knowledge  or  consent,  but  that  if  any  of  our 
citizens  in  said  territory  were  engaged  in  said  rescue,  we  pledge  our 
selves  to  aid  in  the  execution  of  any  legal  process  against  them  ;  that 
we  have  no  knowledge  of  the  previous,  present,  or  prospective  existence  of 
any  organization  in  the  said  territory,  for  the  resistance  of  the  laws  ;  and 
we  have  not  designed  and  do  not  design  to  resist  the  execution  of  any 
legal  service  of  any  criminal  process  therein,  but  pledge  ourselves  to 
aid  in  the  execution  of  the  laws,  when  called  upon  by  the  proper 


GOVERNOR  SHANNON  AT  LAWRENCE.  63 

authority,  in  the  town  and  vicinity  of  Lawrence,  and  that  we  will  use 
our  influence  in  preserving  order  therein,  and  declare  that  we  aro 
now,  as  we  have  ever  been,  ready  to  aid  the  governor  in  securing  a 
posse  for  the  execution  of  such  process  ;  provided,  that  any  person 
thus  arrested  in  Lawrence  or  its  vicinity,  while  a  foreign  foe  shall 
remain  in  the  territory,  shall  be  only  examined  before  a  United  States 
District  Judge  of  said  territory  in  said  town,  and  admitted  to  bail ; 
and  provided  further,  that  all  citizens  arrested  without  legal  process, 
shall  be  set  at  liberty;  and  provided  further,  that  Governor  Shannon 
agrees  to  use  his  influence  to  secure  to  the  citizens  of  Kansas  Terri 
tory  remuneration  for  any  damage  suffered  in  any  unlawful  depre 
dations,  if  any  such  have  been  committed  by  the  sheriff's  posse  in 
Douglas  county.  And  further,  Governor  Shannon  states,  that  he  has 
not  called  upon  persons,  residents  of  any  other  states  to  aid  in  the 
execution  of  the  laws;  that  such  as  are  here  are  here  of  their  own 
choice,  and  that  he  does  not  consider  that  he  has  any  authority  to  do 
so,  and  that  he  will  not  call  upon  any  citizens  of  any  other  state  who 
may  be  here. 

"  We  wish  it  understood,  that  we  do  not  herein  express  any  opinion 
as  to  the  validity  of  the  enactments  of  the  Territorial  Legislature. 

•' WILSON  SHANNON, 
"CHARLES  ROBINSON, 
"J.  H.  LANE. 
"  Done  in  Lawrence,  K.  T.,  Dec.  8,  1855." 

The  next  day,  December  9th,  his  excellency  issued  orders 
to  Generals  Richardson  and  Strickler  and  to  Sheriff  Jones,  to 
disband  their  forces.  His  order  to  Sheriff  Jones  was  in  the 
words  following : — 

"  Having  made  satisfactory  arrangements  by  which  all  legal  pro 
cess  in  your  hands,  either  now  or  hereafter,  may  be  served  without 
the  aid  of  your  present  posse,  you  are  hereby  required  to  disband  the 
same." 

The  most  singular  part  of  this  whole  history  is,  that,  while 
on  a  visit  to  Lawrence,  and  when  stipulating  a  treaty  with  the 
free-state  commanders,  Governor  Shannon  furnished  them 
with  the  following  document : — 

"TO    C.    ROBINSON    AND    J.    H.    LANE,    COMMANDERS    OF    TFE    ENROLLED 
CITIZENS    OF    LAWRENCE  : 

"You  are  hereby  authorized  and  directed  to  take  such  measures 
and  use  the  enrolled  forces  under  your  command  in  such  manner,  for 
the  preservation  of  the  peace  and  the  protection  of  the  persons  and 
property  of  the  people  in  Lawrence  and  its  vicinity,  as  in  your 
judgment  shall  best  secure  that  end. 

"  WILSON  SHANNON. 
"  Lawrence,  Dec.  9,  1855." 

Governor  Shannon  had  proclaimed  the  people  of  Lawrence 


64  HISTORY  OF  KANSAS. 

to  be  an  t(  association  of  lawless  men,"  in  open  rebellion  against 
the  laws,  and  armed  with  the  accustomed  implements  of  wnr, 
to  resist  the  officers  of  the  territory  in  the  prosecution  of  their 
duty.  He  had  caused  their  city  to  be  besieged  by  a  large 
army  of  infuriated  men  from  a  neighboring  state,  whom  be 
had  enrolled  as  his  own  militia,  to  subdue  and  disarm  the 
rebels.  But  after  continuing  the  siege  nine  or  ten  days,  he 
visits  these  "  lawless  men/'  who  invite  him  to  a  "  convivial 
party,"  in  the  midst  of  which,  when  the  enraged  army  outside 
was  for  the  time  being  forgotten,  and  all  was  hilarity  and  joy, 
the  good-natured  governor  signs  a  paper  authorizing  the  com 
manders  of  the  rebels  to  "  use  the  enrolled  forces  under  their 
command"  in  such  manner  as  their  own  judgment  should  dic 
tate,  to  resist  his  own  forces  should  they  attempt  to  prosecute 
the  object  for  which  they  were  called  into  the  field.  Generals 
llobinson  and  Lane  were  skilful  tacticians,  and  Shannon  a  most 
accommodating  governor.  No  wonder  that  Sheriff  Jones  should 
feel  aggrieved  and  angry  at  being  thus  despoiled  of  his  con 
templated  revenge. 

But  it  is  due  to  the  governor  that  he  should  be  allowed  to 
give  his  own  explanation  of  this  strange  procedure.  He  says : 

"  In  the  evening  I  was  invited  to  attend  a  social  gathering  of  ladies 
and  gentlemen  of  the  town  of  Lawrence,  at  the  Emigrant  Aid  Society 
Hotel,  which  I  accepted.  There  were  but  two  rooms  finished  in  the 
hotel ;  they  were  small,  and  in  the  third  story,  and  were,  therefore, 
very  much  crowded  by  the  company  assembled.  The  time  was  spent 
in  the  most  friendly  and  social  manner,  and  it  seemed  to  be  a  matter  of 
congratulation  on  every  side  that  the  difficulties  so  lately  threatening 
had  at  length  been  brought  to  a  happy  termiuation.  In  the  midst  of 
this  convivial  party,  and  about  ten  o'clock  at  night,  Dr.  C.  Robinson 
came  to  me,  in  a  state *of  apparent  excitement,  and  declared  that 
their  picket  guard  had  just  come  in  and  reported  that  there  was  a 
large  irregular  force  near  the  town  of  Lawrence,  who  were  threatening 
an  attack ;  adding  that  the  citizens  of  Lawrence  claimed  the  protection 
of  the  executive,  and  to  this  end  desired  me  to  give  himself  and 
Gen.  Lane  written  permission  to  repel  the  threatened  assault.  I 
replied  to  Dr.  llobinson  that  they  did  not  require  any  authority  from 
me,  as  they  would  be  entirely  justified  in  repelling  by  force  any 
attack  upon  their  town ;  that  the  law  of  self-preservation  was 
sufficient,  and  that  any  authority  which  I  might  give  would  add 
nothing  to  its  strength.  The  doctor  replied  that  they  had  been 
represented  as  having  arrayed  themselves  against  the  laws  and  public 
officers  of  the  territory,  and  that  he  therefore  wished  me  to  give  him 
written  authority  to  repel  the  threatened  assault,  so  that  it  might 
appear  hereafter,  if  a  renconter  did  take  place,  that  they  were  not 
uctiug  against,  but  with,  the  approbation  of  the  territorial  executive. 


MURDER  OF  THOMAS  W.  BARBER.  65 

With  this  view,  amid  an  excited  throng,  in  a  small  and  crowded 
apartment,  and  without  any  critical  examination  of  the  paper  which 
Dr.  Robinson  had  just  written,  I  tinned  it;  but  it  was  distinctly 
understood  that  it  had  no  application  to  anything  but  the  threateued 
attark  on  Lawrence  that  night. 

••It  did  not  for  a  moment  occur  to  me  that  this  pretended  attack 
upon  the  town  was  but  a  device  to  obtain  from  me  a  paper  which 
might  be  used  to  my  prejudice.  1  supposed  at  the  time  that  I  was 
surrounded  by  gentlemen  and  by  grateful  hearts,  and  not  by  tricksters, 
who,  with  fraudulent  representations,  were  seeking  to  obtain  an 
advantage  over  me.  I  was  the  last  man  on  the  globe  who  deserved 
such  treatment  from  the  citizens  of  Lawrence.  For  four  days  and 
nights,  and  at  the  cost  of  many  valuable  friends,  whose  good  will  I 
have  forfeited  by  favoring  too  pacific  a  course,  I  had  labored  most 
incessantly  to  save  their  town  from  destruction  and  their  citizens 
from  a  bloody  tight." 

The  sheriff 's  army  disbanded  agreeably  to  orders,  the  greater 
portion  of  it  returning  disgusted  and  enraged  to  Missouri, 
while  the  people  of  Lawrence,  in  anticipation  of  another  visit 
at  no  distant  day,  went  quietly  though  busily  to  work  at  in 
creasing  and  strengthening  their  fortifications. 


CHAPTER  XI. 

THTE  MURDER  OF  THOMAS  W.  BARBER. 

THUS  ended  the  Wakarusa  war,  but  not  till  a  most  fearful 
tragedy  had  been  enacted.  About  one  o'clock  on  the  after 
noon  of  December  6th,  three  men,  named  Thomas  W.  Barber, 
Robert  F.  Barber  and  Thomas  M.  Pierson,  left  Lawrence  to 
proceed  to  their  houses,  about  seven  miles  distant.  They  had 
progressed  nearly  four  miles,  when  they  saw  a  party  of  from 
twelve  to  fifteen  horsemen,  travelling  the  road  leading  from 
Lecompton  to  the  Wakarusa  camp.  These  were  subsequently 
ascertained  to  be  pro-slavery  men,  and  among  them  were  Gen. 
Richardson,  commander  of  the  Kansas  militia;  Judge  S.  G. 
Cato,  of  the  Supreme  Court  of  the  territory;  Jno.  P.  Wood, 
probate  judge  and  police  magistrate  of  Douglas  county ;  Col. 
J.  N.  Burns,  a  lawyer  of  Weston.  Mo.,  and  Major  George  W. 
Clarke,  U.  S.  Agent  for  the  Potawattomie  Indians. 

The  Barbers,  who  were  brothers,  and  Pierson,  their  brother- 
6*  E 


66  HISTORY  OF  KANSAS. 

iu-law,  had  just  left  the  main  road  and  taken  a  nearer  path 
to  the  left.  Upon  perceiving  this  movement,  Clarke  and 
Burns  put  spurs  to  their  horses,  and  dashed  across  the  prairie, 
with  the  obvious  intention  to  intercept  them.  The  Barbers, 
therefore,  slackened  their  pace,  when  Clarke,  getting  within 
speaking  distance,  ordered  them  to  halt,  a  summons  which 
they  immediately  obeyed.  Richardson,  Cato,  and  the  remain 
der  of  Clarke's  party,  continued  in  full  sight  and  at  but  a  short 
distance.  Clarke,  who  is  a  thick  set  man,  about  five  feet 
three  inches  in  height,  exceedingly  loquacious,  and  conse 
quential  in  his  manners,  and  notorious  for  his  violent  opposi 
tion  to  free-state  people,  commenced  interrogating  the  Bar- 
bers,  demanding  to  know  who  they  were,  where  they  were 
from,  and  where  they  were  going;  to  all  of  which  questions 
Thomas  W.  Barber  made  mild  and  truthful  replies.  Clarke 
then  ordered  them  to  turn  their  horses  heads  and  go  with  him 
and  Burns,  to  which  demand  Barber  answered,  "  We  wont," 
when  Clarke  drew  his  pistol,  and  taking  deliberate  aim,  fired 
at  Thomas  W.  Barber.  Burns  discharged  his  pistol  almost  at 
the  same  instant.  Robert  F.  Barber  then  returned  the  shots, 
firing  three  times  in  rapid  succession  without  effect.  Pierson 
had  with  him  a  small  revolver,  but  could  not  get  it  out. 
Thonuu  W.  Barber  was  without  arms  of  any  description.  The 
parties  then  separated,  taking  opposite  directions  and  gallop 
ing  their  horses.  They  had  proceeded  but  a  short  distance, 
when  Thomas  W.  Barber  remarked  to  his  brother,  with  a 
smile,  ''That  fellow  shot  me,"  and  placed  his  hand  against 
his  side.  Robert,  perceiving  that  he  had  dropped  the  reins 
and  was  riding  unsteadily,  hastened  to  his  assistance  and 
attempted  to  support  him ;  but  in  a  little  while  he  slipped 
from  his  saddle  and  fell  to  the  ground.  His  brother  and 
Pierson  immediately  dismounted ;  but  Thomas  was  dead. 
They  were  about  to  place  the  body  upon  a  horse  and  convey 
it  home,  when  looking  around  they  saw  the  other  party 
again  in  pursuit,  and  to  save  their  lives,  they  left  it  where  it 
lay,  hastily  mounted  and  fled.  They  had  not  gone  far  when 
the  horse  of  Robert  gave  out,  and  upon  an  examination  he  was 
found  to  have  been  shot,  doubtless  by  Burns,  just  behind  the 
fore-shoulder  on  the  right  side.  He  died  during  the  night. 
The  body  of  Barber  was  afterwards  carried  to  Lawrence,  where 
it  was  buried.  A  fouler  murder  than  this,  or  one  for  which 
there  was  so  little  excuse,  has  not  been  committed  during  all 
the  Kansas  excitement. 


MURDER  OF  THOMAS  W.  BARBER.  Gi 

The  pro-slavery  men's  account  of  this  transaction  is  as  fol 
lows.  They  state  that  they  were  on  their  way  from  Lecompton 
to  Franklin,  and  seeing  Barber's  party  turn  aside  from  the 
road,  "  Colonel  Burns  and  Major  Clarke  were  detailed  and  rode 
to  overtake  the  free-state  men.  This  they  did ;  and,  after 
halting  them,  a  conversation  ensued,  in  which  the  free-state  men 
not  only  declared  that  there  was  no  law  nor  order  in  the  terrri- 
tory,  but  declined  to  surrender  themselves  in  compliance  with 
the  demands  of  Clarke  and  his  companions.  Upon  this  both 
parties  commenced  drawing  their  arms,  with  the  exception  of 
one  of  the  free-state  men  (who  was  most  probably  the  man 
killed) ;  this  person  sat  on  his  horse  a  little  apart  from  his 
companions.  He  had  a  switch  in  his  hand,  but  drew  no  arms, 
nor  did  he  appear  to  have  any.  Both  parties  '  squared  to 
each  other'  and  fired  pistols,  being  the  only  weapons  used. 
On  the  part  of  the  pro-slavery  men,  Clarke  was  armed  with  a 
small  five-inch  Colt's  revolver,  while  Colonel  Burns  had  a  navy 
revolver,  which  is  heavier,  and  carries  a  much  larger  ball. 
After  exchanging  shots,  the  free-state  men  galloped  off. 
Burns  proposed  to  send  a  long  shot  after  them  with  his  rifle ; 
but  Clarke  objected,  saying,  *  Let  them  go.'  Burns  is  said  to 
have  admitted  that  he  thought  he  hit  the  man  he  fired  at,  as 
he  saw  him  press  his  hand  to  his  side,  or,  as  others  state  it, 
1  saw  the  fur  fly  from  his  old  coat/  " 

It  is  of  little  consequence  which  of  the  two  men  fired  the 
fatal  shot.  Both  were  alike  guilty,  and  both  fired  with  the 
intention  to  kill.  The  testimony  of  Pierson  and  Robert  F. 
Barber  seems  to  fix  the  crime  directly  upon  Clarke,  who,  it  is 
said,  and  none  who  know  the  man  will  discredit  the  story, 
boastingly  declared,  when  he  entered  the  Wakarusa  canip,  "  I 
have  sent  another  d — d  abolitionist  to  h-11 !" 

A  writer,  who  is  decidedly  pro-slavery  in  his  tenden 
cies,  gives  the  following  account  of  a  visit,  a  short  time 
afterwards,  to  the  widow  of  the  murdered  man.  After 
describing  the  dreary  house,  into  which  he  entered,  he 
says : — 

"  Between  a  heavy  -pine  table,  on  which  a  flaring  tallow 
candle  stood  flickering  and  sweltering  in  its  socket,  and  the 
half-curtained  window,  against  which  the  sleet  and  biting 
winter  wind  beat  drearily,  sat  a  woman  of  some  forty  years  of 
age,  plainly  clad  in  a  dress  of  coarse  dark  stuff.  "  £he  was 
leaning  forward  when  we  entered,  and  seemed  unmindful  of 
all  about  her.  It  needed  no  introduction  to  tell  us  th**  this 


68  HISTORY  OF  KANSAS. 

was  the  widow  of  Thomas  W.  Barber.  No,  the  thin  hand 
which  supported  the  aching  head  and  half  shielded  the  tear- 
dimmed  eyes,  as  well  as  the  silent  drops  that  came  trickling 
down  those  wasted  cheeks,  had  already  told  the  story.  What 
could  we  say  in  the  way  of  consolation  ?  What  was  the  cause 
of  Kansas  and  liberty  to  her  ?  Could  the  success  of  a  party 
or  the  advancement  of  a  principle  dry  those  burning  tears? 
Could  they  soothe  the  sorrows  of  what  she  herself  has  called  a 
poor  heart-broken  creature  ?  Oh,  ye  demagogues  !  ye  peace- 
breakers  !  ye  incendiary  orators  of  both  north  and  south, 
whose  aim  is  to  urge  on  a  strife,  that  you  yourselves  are  not 
slow  to  avoid  !  could  you  but  have  stood  beside  us,  in  her 
once  happy  home,  arid  have  listened  to  the  broken  sentences, 
uttered  with  all  that  unstudied  pathos  which  an  agonized  and 
grief-torn  spirit  alone  can  give,  we  hope,  for  the  sake  of  our 
common  humanity,  that  the  lesson  would  have  sunk  deep  into 
your  hearts.  Hear  what  she  says  : 

"  'They  have  left  me  a  poor  forsaken  creature,  to  mourn  all 
my  days.  Oh,  my  husband !  They  have  taken  from  me  all 
that  I  held  dear — one  that  I  loved  better  than  I  loved  my 
own  life.'  These  are  her  very  words.  We  have  added 
nothing  to  them,  nor  have  we  taken  aught  from  them. 

"  There  are  circumstances  connected  with  the  life  and 
character  of  the  man  Barber,  which  make  his  death  more  par 
ticularly  to  be  deplored.  He  adds  another  to  the  long  list  of 
victims  who  have  been  sacrificed  to  the  demon  of  political 
excitement.  Barber  is  spoken  of  as  a  quiet,  inoffensive,  and 
amiable  man ;  domestic  and  unexceptionable  in  his  habits,  and 
deeply  attached  to  his  wife  to  whom  he  had  been  married 
between  nine  and  ten  years.  He  was,  moreover,  the  leading 
man  among  the  agriculturists  in  his  neighborhood  j  a  lover  of 
fine  stock ;  and  a  careful  pains-taking  farmer.  Such  at  least  is 
the  reputation  he  bore  in  Ohio,  the  state  from  whence  he 
emigrated.  He  was  unarmed  when  he  received  his  death 
wound,  and  on  his  way  to  his  home.  His  wife,  to  whom  he 
had  written  to  inform  her  of  his  coming,  was  expecting  him. 
She  is  said  to  have  loved  her  husband  with  more  than  ordi 
nary  devotion.  Her  sister-in-law  tells  us  that  they  used  to 
r;illy  her,  upon  her  almost  girlish  affection  and  solicitude  for 
Thomas.  It  was  her  habit,  when  she  saw  him  coming  back 
from  his  work,  to  leave  the  house,  and  go  forth  to  meet  him 
on  his  way.  If  he  failed  to  return  at  the  time  indicated,  she 
grew  anxious;  and  if  his  stay  was  prolonged,  oftentimes  passed 


MURDER  OF  THOMAS  W.  BARBER.  69 

the  night  in  tears ;  when  ill — the  same  informant  tells  us — 
she  would  hang  over  his  bed,  with  all  the  anxiety  of  a  soother 
for  her  child.  She  would  seem,  too,  to  have  had  a  presentiment 
of  some  impending  evil,  for  after  exhausting  every  argument 
to  prevent  her  husband  from  going  to  join  the  free-state  forces 
in  Lawrence,  she  said,  '  Oh,  Thomas,  if  you  should  be  shot,  I 
should  be  all  alone  indeed;  remember  I  have  no  child — 
nothing  in  the  wide  world  to  fill  your  place.'  And  this  was 
their  last  parting.  The  intelligence  of  his  death  was  kept 
from  her — in  mercy — through  the  kindness  of  her  friends,  but 
only  to  be  announced,  without  the  slightest  preparation,  by  a 
young  man,  who  had  been  sent  out  from  Lawrence,  with  a 
carriage,  to  bring  her  ia  to  the  Free-State  Hotel,  where  her 
husband's  body  had  been  laid.  Upon  arriving  at  the  house 
where  Mrs.  Barber  was,  he  rode  up,  most  unthinkingly,  and 
shouted,  'Thomas  Barber  is' killed/  His  widow  heard  the 
dreadful  tidings,  rushed  to  the  door,  cried,  'Oh,  God!  what 
do  I  hear  T  and  then  filled  the  room  with  her  shrieks.  We 
have  heard,  too,  a  description  of  the  heart-rending  scene,  which 
took  place  when  they  brought  her  into  the  apartment  where 
her  husband's  body  lay;  of  her  throwing  herself  upon  his 
corpse,  and  kissing  the  dead  man's  face ;  of  the  fearful  impre 
cations,  which,  in  her  madness,  she  called  down  upon  the 
heads  of  those  who  had  separated  her  from  all  that  she  held 
dear;  and  these  things  were  related  to  us  by  men,  who  turned 
shudderingly  away  from  the  exhibition  of  a  sorrow  which  no 
earthly  power  could  assuage.  It  is,  moreover,  stated  that  her 
companions  were  obliged  to  hold  her  forcibly  down  in  the 
carriage,  from  whence  her  frantic  exclamations  rang  out  along 
the  prairie,  as  they  conveyed  her  from  her  home  to  the  cham 
ber  of  the  dead." 

And  what  became  of  him  who  thus  wantonly  destroyed  the 
life  of  an  innocent  and  inoffensive  man,  and  made  such  sad 
havoc  of  that  poor  woman's  peace  ?  As  the  pretended  con 
servator  of  "  law  and  order,"  he  might  subsequently  have  been 
seen  at  the  head  of  bands  of  kindred  spirits,  traversing  the 
country,  venting,  as  once  did  Saul  of  Tarsus,  threats  of  slaughter 
and  destruction  ;  robbing  stores  and  burning  dwellings  ;  in  the 
camps  of  infuriated  armies  bent  upon  ruin  and  desolation  ;  in 
the  legislative  halls,  the  most  active  of  those  ussembled,  help 
ing  to  enact  laws  for  the  oppression  of  free  men ;  writing  in 
flammatory  articles  for  incendiary  newspapers ;  and  finally,  at 
the  seat  of  the  general  government,  in  daily  intercourse  with  tho 


70  HISTORY  OF  KANSAS. 

president  and  his  cabinet,  the  new  governor  and  secretary  of 
Kansas,  consulting  and  advising  as  to  the  policy  to  be  pursued 
for  the  government  of  that  abused  territory. 

This  man  boasts  of  his  willingness  and  anxiety  to  be  tried 
for  the  terrible  crime  of  which  he  stands  accused.  And  this 
he  may  do  with  perfect  safety.  Such  a  trial  before  a  judge 
who  was  a  witness,  if  not  a  party  to  his  guilt,  would  be  but 
mockery  and  a  farce.  But  he  must  yet  appear  before  that 
Supreme  Judge,  at  whose  dread  tribunal  no  false  witness  will 
be  heard  and  no  quibbles  of  law  can  screen  the  guilty  soul. 
There  the  blood  of  the  murdered  man,  and  the  tears  and  sighs, 
shrieks,  groans  and  terrible  agonies  of  that  distracted  widow, 
will  appeal  and  not  in  vain,  for  retributive  justice  upon  the 
destroyer's  head.  "Vengeance  is  mine! — I  will  repay,  saith 
the  Lord !" 


CHAPTER  XII. 

Pro-slavery  mob  at  Leavenworth. — Ballot-box  stolen  and  clerk  beaten. — 
The  jail  and  printing  office  destroyed. — The  election  and  fight  near 
Easton. — Murder  of  Capt.  E.  P.  Brown. — Shannon  receives  authority  to 
employ  the  troops. — Congressional  Committee. — Arrival  of  Buford  and 
his  southern  regiment. — Sheriff  Jones  shot  at  Lawrence. — Rev.  Pardeo 
Butler  tarred  and  feathered. 

IT  would  be  impossible,  in  the  limits  allotted  to  this  work, 
and  to  carry  out  its  intentions,  to  give  more  than  a  mere  pass 
ing  notice  of  the  most  important  events  that  occurred  prior  to 
Governor  Geary's  arrival  in  the  territory.  Party  spirit  in 
creased  daily  in  violence,  new  accessions  were  constantly  being 
made  to  each  of  the  contending  factions,  and  hordes  of  despe 
radoes  rushed  into  the  country  to  take  advantage  of  its  dis 
turbed  condition,  simply  to  plunder  and  destroy,  regardless  of 
the  consequences,  or  of  who  might  be  the  sufferers.  Brutal  and 
shocking  crimes  were  of  daily  occurrence,  and  a  state  of  affairs 
existed  too  disgusting  and  deplorable  for  language  properly  to 
describe. 

The  Topeka  Constitution  being  submitted  to  the  people,  an 
election  was  held  in  regard  thereto  on  the  15th  of  December. 
This  went  off  quietly,  excepting  at  Leavenworth  City.  Here  a 
drunken  tnob  from  Platte  county,  Missouri,  with  horrid  yells, 


MURDEK  OF  E.  P.  BROWN.  71 

curses  and  threats,  attacked  the  house  in  which  the  votes  were 
being  polled,  and  beating  one  of  the  clerks  almost  to  death, 
seized  and  carried  off  the  ballot-box.  Three  days  afterward 
they  assailed  the  Leaven  worth  jail,  and  after  releasing  one  of 
their  companions  who  was  held  a  prisoner,  burned  it  to  the 
ground ;  and  on  the  20th  of  the  month  a  similar  mob,  in 
furiated  by  evil  passions  and  bad  whiskey,  destroyed  the  print 
ing  office  of  the  Territorial  Register,  the  free-state  newspaper 
at  that  place. 

An  election  for  officers  under  the  Topeka  Constitution 
was  ordered  for  the  15th  of  January,  1856.  The  Mayor  of 
Leaven  worth,  a  pro-slavery  man,  elected  by  force  and  fraud, 
forbid  such  election  being  held  in  that  city.  It  was  therefore 
adjourned  for  that  district  to  the  17th,  at  a  house  near  Easton, 
twelve  miles  from  Leavenworth.  At  that  time  armed  parties 
of  pro-slavery  men  stationed  themselves  at  various  places  on 
the  road,  and  intercepted  the  passage  of  the  free-state  people, 
whom  they  disarmed  and  drove  back  from  the  place  of  voting. 
Threats  being  made  to  take  and  destroy  the  ballot-box,  and  a 
dispatch  having  been  sent  to  Kickapoo  for  a  company  of  the 
"Rangers"  to  assist  in  that  work,  a  party  of  twenty  free-state 
men  remained,  after  the  polls  were  closed  in  the  evening,  to  pro 
tect  the  box.  Late  at  night  three  of  these,  Mr.  Stephen  Sparks, 
his  son,  and  nephew,  supposing  the  danger  over,  started  for 
their  homes.  When  close  to  Easton,  through  which  they  had 
to  pass,  they  were  assailed  by  a  party  of  a  dozen  armed  men, 
who  rushed  upon  them  from  a  grocery  where  they  were  drink 
ing  and  carousing.  Mr.  Sparks  and  his  son  retreated  into  a 
fence  corner,  where  they  drew  their  revolvers  and  kept  their 
enemies  at  bay.  The  nephew  made  his  escape,  and  spread  the 
alarm  among  the  free-state  people,  and  Captain  E.  P.  Brown, 
with  fifteen  mounted  men,  speedily  came  to  the  rescue  of  their 
friends.  As  they  approached,  the  pro-slavery  party  retreated. 
At  that  moment  a  large  body  of  the  Kickapoo  Hangers  rushed 
upon  the  scene,  and  commanded  Brown  and  his  party  to  sur 
render.  This  being  refused,  the  Rangers  commenced  firing, 
which  was  promptly  returned  by  Brown's  men,  and  a  general 
fight  ensued,  in  the  course  of  which  both  parties  retreated  to 
some  empty  houses,  from  which  they  continued  their  fire  upon 
each  other.  This  fight  lasted  over  two  hours,  during  which 
a  pro-slavery  man  named  Cook  was  killed,  and  several  on  each 
side  were  wounded. 

A  short  time  after  this  rencontre,  Brown,  with  seven  others, 


72  HISTORY  OF  KANSAS. 

left  for  their  homes  near  Leavenworth,  in  a  buggy  and  a  one 
horse  wagon.  They  had  not  proceeded  far  when  a  wagon 
filled  with  armed  men  passed  them  in  the  road,  without  any 
thing  being  said  on  either  side.  Scarcely  had  they  passed, 
when,  at  a  bend  in  the  road,  two  other  wagons  appeared,  and 
also  a  party  of  mounted  men.  These  were  the  Kicka- 
poo  Rangers,  who  had  thus  fairly  entrapped  Brown  and 
his  party.  Escape  was  impossible,  and  as  resistance  would 
have  been  certain  destruction,  Brown  yielded  to  the  wishes  of 
his  friends,  and  surrendered.  Then  commenced  a  series  of 
cruelties  never  exceeded  by  the  wildest  savages.  Capt.  Martin, 
of  the  Rangers,  being  unable  to  restrain  his  men,  after  numerous 
efforts,  turned  away  in  disgust  from  their  wanton  atrocities. 
While,  however,  the  most  of  them  were  engaged  in  tormenting 
Captain  Brown,  Martin  succeeded  in  aiding  the  other  prison 
ers,  who,  in  the  meantime,  had  been  confined  in  the  store  of 
a  man  named  Dawson,  to  make  their  escape.  The  ruffians 
assaulted  their  unarmed  prisoner  with  kicks  and  blows, 
and  finally,  after  amusing  themselves  for  some  time  in 
this  way,  literally  hacked  him  to  pieces  with  their  hatchets, 
which,  in  imitation  of  the  less  savage  Indians,  they  always 
carried.  The  fatal  blow  was  given  by  a  man  named  Gibson, 
who  buried  his  hatchet  in  the  side  of  Brown's  skull,  sinking 
it  deep  into  the  brain.  Before  life  was  extinct,  his  murderers 
carried  him  to  his  own  house,  when  meeting  his  wife  on  the 
threshold,  he  exclaimed,  "  I  have  been  murdered  by  a  gang 
of  cowards  in  cold  blood,"  and  instantly  fell  dead  in  her  arms. 
Can  Heaven  look  upon  such  deeds  and  bless  the  cause  in  which 
they  were  committed  ? 

February  16^,  1856. — Governor  Shannon,  in  reply  to  his 
dispatches  to  Washington,  received  authority  from  the  Federal 
Government  to  employ  the  United  States  troops  to  enforce  iho 
laws  of  the  Shawnee  Legislature.  The  President,  in  the  mean 
time,  had  issued  a  proclamation  denouncing  the  acts  of  the  Tupcka 
Assembly,  and  endorsing  those  of  the  pro-slavery  parly.  The 
Secretary  of  War  had  also  forwarded  orders  to  the  commander 
of  the  military  department  of  the  west  to  support  Shannon  in 
his  efforts  to  enforce  the  enactments  of  the  Shawnee  Assembly, 
and  to  disperse  the  Topeka  Legislature. 

March  19. — The  House  of  Representatives  appointed  an 
Investigating  Committee  to  inquire  into  the  validity  of  the 
Shawnee  Legislature,  and  of  the  election  as  a  delegate  of  Gen. 
Whitfield.  This  committee  arrived  in  Lawrence  on  the  17th 


ARRIVAL  OP  BUFORD.  73 

of  April.  During  its  sittings  numerous  attempts  were  made 
by  pro-slavery  men  to  interfere  with  the  investigations,  and 
threats  were  freely  uttered  against  the  personal  safety  of  free- 
state  men  who  should  furnish  them  with  evidence.  A  Mr 
Mace,  having  been  before  the  commission,  was  on  the  same 
night  shot  at  and  wounded  in  his  own  house.  Whilst  Gover 
nor  Reeder  was  before  the  committee  as  a  witness  at  Tecum- 
eeh,  a  subpoena  was  served  upon  him  by  Deputy  Marshal 
Fain,  who  demanded  his  immediate  presence  at  Lecbmpton, 
to  appear  before  the  grand  jury.  Reeder,  knowing  that  the 
sole  object  was  to  embarrass  the  investigation,  refused  to  obey 
this  summons.  Mr.  Howard,  the  chairman  of  the  commission, 
could  scarcely  imagine  it  possible  that  these  apparent  attempts 
were  actually  intentions  to  interfere  with  their  proceedings, 
but  declared  that  if  they  were  thus  to  be  molested,  he  would 
call  to  their  aid  a  sufficient  force  to  arrest  and  send  the  offend 
ing  parties  as  prisoners  to  Washington.  After  a  lengthy  and 
thorough  examination,  this  commission  published  a  voluminous 
report,  clearly  setting  forth  the  facts  of  the  election  outrages 
which  have  been  briefly  narrated  in  this  book,  and  showing 
conclusively  that  General  Whitficld  and  the  Kansas  Legisla 
ture  were  alike  elected  by  violence  and  fraud. 

Early  in  the  mouth  of  April,  Colonel  Buford  arrived  in 
Kansas,  with  a  regiment  of  men  from  Alabama,  Georgia,  and 
South  Carolina.  The  most  inflammatory  appeals  had  been 
made  to  the  patriotism  of  these  people,  and  nattering  promises 
of  reward  given  to  induce  them  to  enlist  in  this  service,  the 
avowed  objects  of  which  were  to  drive  the  abolitionists  out  of 
the  territory  and  make  Kansas  a  slave  state.  Some  of  these 
proved  to  be  worthy  men,  and  afterwards  became  good  citizens. 
But  the  vast  majority  were  "lewd  fellows  of  the  baser  sort," 
who  were  qualified  and  prepared  for  the  practice  of  any  vil- 
lany,  however  enormous.  They  disgraced  themselves  by 
their  violence  and  depredations  before  they  reached  the  terri 
tory,  and,  passing  through  Missouri,  were  a  terror  to  some  of 
its  inhabitants.  After  their  arrival  in  Kansas,  Marshal  Do- 
nalson  took  them  into  pay  as  his  posse,  and  Shannon  armed 
them  with  United  States  muskets,  furnished  for  the  use  of  the 
militia  of  the  territory.  Many  of  these  men  subsequently 
traversed  the  country  as  bands  of  highwaymen  and  robbers 

After  Governor  Shannon  had  received  authority  from  Wash 
ington  to  employ  the  United  States  troops  to  enforce  the  en 
actments  of  the  Legislative  Assembly,  Sheriff  Jones  was  in  his 


74  HISTORY  OF  KANSAS. 

glory.  Writs  were  obtained  for  the  arrest  of  numerous  free- 
state  men,  who  were  charged  with  sundry  trivial  offences,  and 
the  sheriff  trooped  about  the  country  executing  these  writs, 
with  companies,  of  dragoons  following  at  his  heels.  He  several 
times  visited  Lawrence,  where,  although  his  very  presence 
was  considered  an  insult  and  an  outrage,  he  succeeded  in 
making  arrests  without  resistance.  The  people,  though  not 
acknowledging  his  authority,  bowed  in  submission  to  the  go 
vernment  forces. 

On  the  23d  of  April,  the  sheriff  entered  Lawrence,  with  a 
large  force  of  United  States  dragoons,  and  arrested  a  number 
of  persons,  who  were  held  as  prisoners  in  the  tents  of  the 
soldiers.  At  night,  Jones  was  in  his  own  tent,  which  was 
lighted,  and,  when  stooping  down,  some  person  from  the  out 
side  fired  at  him,  and  the  ball  took  effect  in  his  back.  The 
wound,  though  severe,  did  not  prove  mortal. 

This  affair  created  a  lively  sensation  in  Lawrence.  Much 
as  the  citizens  despised  Jones,  they  were  averse  to  any  outrage 
being  committed  upon  him  in  that  place,  as  they  well  knew 
nothing  would  have  proved  more  gratifying  to  their  enemies. 
They  consequently  held  a  public  meeting,  at  which  the  attempt 
upon  the  life  of  Jones  was  censured  in  the  severest  terms,  and 
a  reward  of  five  hundred  dollars  offered  for  the  detection  of  the 
intended  assassin. 

Jones  and  his  party  determined  to  make  capital  out  of  this 
affair.  Although  he  does  not  seem  to  have  been  seriously  injured, 
dispatches  were  forwarded  to  Washington  on  the  subject,  and 
even  the  president  considered  it  of  sufficient  importance  to 
elicit  his  official  action.  Communications,  at  the  same  time, 
were  circulated  through  Missouri,  and  the  pro-slavery  papers 
teemed  with  inflammatory  articles.  Of  these,  the  following 
is  but  a  fair  and  even  moderate  specimen  : — 

"Kansas  is  once  more  in  commotion.  The  traitors  of  Lawrence 
have  again  set  the  laws  of  the  territory  at  defiance,  and  this  time 
have  added  murder  to  their  crime.  Sheriif  Jones,  of  Douglas  county, 
than  whom  a  braver  man  never  lived,  has  been  murdered  while  in  the 
performance  of  his  official  duties — shot  down  by  the  thieving  paupers 
of  the  north,  who  are  shipped  to  Kansas  to  infringe  upon  the  rights 
of  southern  settlers,  murder  them  when  opportunity  offers,  steal  their 
property,  and  if  possible,  to  raise  a  storm  that  will  cease  only  with 
the  Union  itself. 

"  The  excitement  in  this  city,  during  the  past  week,  has  been  very- 
groat.  Rumors  of  various  kinds  have  reached  us,  and  although  we 
believed  a  difficulty  had  occurred,  we  were  not  prepared  to  hear  of 


OUTRAGE  ON  PARDEE  BUTLER  A  ^>       75 


such  lamentable  news, — the  death  of  the  patriot  Jom 
must  be  avenged,  his  murder  shall  be  avenged,  if 
every  abolitionist  in  the  territory.  If  the  pro-slavery 
quietly  sit  still  and  see  our  friends,  one  by  one,  murdered  by  these 
assassins,  without  raising  their  arms  to  protect  them,  we  much  mis 
take  their  character.  Will  they  again  allow  a  northern  governor  to 
cheat  them  out  of  their  just  revenge?  We  answer  emphatically,  no! 
If  the  governor  of  this  territory  and  the  administration  at  Washington 
any  longer  attempt  to  force  us  to  assume  the  position  of  outlaws  be 
fore  we  can  have  justice  done  us,  the  sooner  such  a  contingency  arises 
the  better.  We  are  now  in  favor  of  levelling  Lawrence,  and  chastising 
the  traitors  there  congregated,  should  it  result  in  the  total  destruction 
of  the  Union.  If  we  are.  to  have  war,  let  it  come  now !  While  the 
memory  of  our  murdered  friends,  Clarke  and  Jones,  is  fresh  in  our 
memories,  we  can  coolly  and  determinedly  enter  into  the  contest,  let 
it  result  as  it  may.  We  do  not  approve  of  the  course  of  the  governor, 
in  calling  out  the  United  States  troops  to  enforce  the  laws  of  the  ter 
ritory.  It  looks  to  us  as  a  virtual  admission  that  the  law  and  order 
party  of  Kansas  are  not  strong  enough  within  themselves  to  enforce 
the  law." 

The  sacking  of  free-state  towns — the  burning  of  free-state 
houses — the  ravishing  and  branding  of  free-state  women,  and 
turning  them  and  their  helpless  children  naked  upon  the 
prairies — the  murders  of  free-state  men  and  shocking  mutila 
tions  of  their  dead  bodies, — were  all  nothing,  and  less  than 
nothing,  when  weighed  in  the  balance  against  this  villanous 
attempt  to  take  the  life  of  Sheriff  Jones.  That  gentleman, 
however,  was  less  violent  than  his  friends  and  associates,  in 
regard  to  this  transaction  ;  and  he  was  far  less  anxious  than 
they,  for  secret  reasons  of  his  own,  to  discover  and  arrest  his 
assailant. 

On  the  30th  of  April,  the  Rev.  Pardee  Butler,  having  ter 
minated  safely  his  voyage  on  the  raft,  again  ventured  to  cross 
the  Missouri  River,  and  make  his  appearance  in  the  pro- 
slavery  town  of  Atchison,  when,  as  he  says,  "  I  spoke  to  no 
one  in  town  save  two  merchants  of  the  place,  with  whom  I  had 
business  transactions  since  my  first  arrival  in  the  territory. 
Having  remained  only  a  few  minutes,  I  went  to  my  busrsry  to 
resume  my  journey,  when  I  was  assaulted  by  Robert  S.  Kelly, 
junior  editor  of  the  Squatter  Sovereign,  and  others;  was 
dragged  into  a  grocery,  and  there  surrounded  by  a  company 
of  South  Carolinians,  who  are  reported  to  have  been  sent  out 
by  a  Southern  Emigrant  Aid  Society." 

Here  they  exposed  him  to  every  sort  of  indignity,  calling 
him  a  d — d  abolitionist,  and  many  of  them  insisting  upon  his 


76  HISTORY  OF  KANSAS. 

being  instantly  shot  or  hung.  There  were  present  those, 
however,  who  protested  strongly  against  the  outrage,  when 
Kelly,  who  was  the  prime  mover  in  the  business,  fearing  tho 
consequences  of  murdering  his  victim,  suid  he  "did  not  take 
Butler  to  be  hanged,  only  tarred  and  feathered."  To  this 
some  demurred,  calling  it  a  "  milk-and-water-style"  of  doing 
things.  Eventually  they  concluded  upon  their  arrangements, 
and,  as  Mr.  Butler  himself  says: — 

"  They  stripped  me  naked  to  the  waist,  covered  my  body 
with  tar,  and  then,  for  the  want  of  feathers,  applied  cotton 
wool.  Having  appointed  a  committee  of  three  to  certainly 
hang  me  the  next  time  I  should  conie  to  Atchisou,  they  tossed 
my  clothes  into  the  buggy,  put  me  therein,  accompanied  me 
to  the  suburbs  of  the  town,  and  sent  me  naked  out  upon  the 
prairie. 

"  I  adjusted  my  attire  about  me  as  best  I  could,  and  has 
tened  to  rejoin  my  wife  and  two  little  ones,  on  the  banks  of 
the  Stranger  Creek.  It  was  rather  a  sorrowful  meeting  after 
so  long  a  parting.  Still,  we  were  very  thankful  that,  under 
the  blessing  of  a  good  Providence,  it  had  fared  no  worse  with 
us  all. 

"  The  first  mob  that  sent  me  down  the  Missouri  River  on  a 
raft — always  excepting  Robert  S.  Kelly — were  courteous  gen 
tlemen  compared  with  this  last  one.  When  I  was  towed  out 
into  the  middle  of  the  stream,  I  do  not  remember  to  have 
heard  a  word  spoken  by  the  men  on  shore.  This  last  mob, 
when  they  left  me  on  the  border  of  the  town,  shrieked  and 
yelled  like  a  pack  of  New  Zealand  cannibals.  The  first  mob 
did  not  attempt  to  abridge  my  right  of  speech.  In  reply  to 
all  the  hard  and  bitter  things  they  said  against  me  they  pa 
tiently  heard  me  to  the  end.  But  these  men,  who  have  come 
to  introduce  into  Kansas  that  order  of  .things  thai  now  exists 
in  South  Carolina,  savagely  gagged  me  into  silence  by  rapping 
my  face,  choking  me,  pulling  my  beard,  jerking  me  violently 
to  my  seat,  and  exclaiming,  'D — n  you,  hold  your  tongue'/ 
All  this  was  done  while  my  arms  were  pinioned  behind  me. 

"  Many  will  ask  now,  as  they  have  asked  already,  what  is 
the  true  and  proper  cause  of  all  these  troubles  which  I  have 
had  in  Atchison.  'The  head  and  front  of  my  offending  hath 
this  extent,  no  more' :  I  had  spoken  among  my  neighbors 
favorably  for  making  Kansas  a  free  state,  and  said  in  the  office 
of  the  Squatter  Sovereign,  I  am  a  free-soiler,  and  intend  to 
vote  for  Kansas  to  be  a  free  state.  It  is  true  that  Kelly,  by 


LECOMPTE'S  CHARGE.  77 

an  after-thought,  has  added  two  new  counts  to  his  bill  of  in 
dictment  against  me.  The  first  is  that  I  went  to  the  town  of 
Atchison  last  August,  talking  abolitionism.  I  have  not  the 
honor  of  being  an  abolitionist.  And,  second,  that  I  spoke, 
somehow  or  other,  improperly  in  the  presence  of  slaves.  All 
this  is  not  only  utterly  false,  but  the  charges  are  ex-post  facto; 
for  not  a  word  was  said  of  this  the  day  they  put  me  on  the 
raft." 


CHAPTER  XIIL 

Charge  of  Judge  Lecompte  to  the  Grand  Jury. — Presentment. — Arrests 
at  Lawrence. — Travellers  interrupted  on  the  highways. — The  murder  of 
Jones  and  Stewart. — The  sacking  of  Lawrence. — Burning  of  the  hotel 
and  destruction  of  printing  offices. 

ON  the  5th  of  May,  Judge  Lecoinpte  delivered  a  charge, 
highly  partisan  in  its  character,  to  the  grand  jury  of  Douglas 
county,  of  which,  the  following  extract  is  in  his  own  words : — 

"  This  territory  was  organized  by  an  act  of  Congress,  and  so  far 
its  authority  is  from  the  United  States.  It  has  a  Legislature  elected 
in  pursuance  of  that  organic  act.  This  Legislature,  being  an 
instrument  of  Congress,  by  which  it  governs  the  territory,  lias  passed 
laws ;  these  laws,  therefore,  are  of  United  States  authority  and 
making,  and  all  that  resist  these  laws,  resist  the  power  and  authority 
of  the  United  States,  and  are.  therefore,  guilty  of  high  treason.  Now, 
gentlemen,  if  you  find  that  any  persons  have  resisted  these  laws,  then 
must  you,  under  your  oaths,  find  bills  against  such  persons  for  high 
treason.  If  you  find  that  no  such  resistance  has  been  made,  but  that 
combinations  have  been  formed  for  the  purpose  of  resisting  them,  and 
individuals  of  influence  and  notoriety  have  been  aiding  and  abetting 
in  such  combinations,  then  must  you  still  find  bills  for  constructive 
treason,  as  the  courts  have  decided  that  to  constitute  treason  the 
blow  need  not  be  struck,  but  only  the  intention  be  made  evident." 

The  grand  jury  accordingly  made  a  presentment,  as  fol 
lows  : — 

"The  grand  jury,  sitting  for  the  adjourned  term  of  the  First  District 
Court  in  and  for  the  county  of  Douglas,  in  the  Territory  of  Kansas, 
beg  leave  to  report  to  the  honorable  court  that,  from  evidence  laid 
before  them,  showing  that  the  newspaper  .known  as  The  Herald  of 
Freedom,  published  at  the  town  of  Lawrence,  has  from  time  to  time 
issued  publications  of  the  most  inflammatory  and  seditious  character, 

7* 


78  HISTORY  OF  KANSAS. 

denying  the  legality  of  the  territorial  authorities,  addressing  and 
commanding  forcible  resistance  to  the  same,  demoralizing  the  popular 
mind,  and  rendering  life  and  property  unsafe,  even  to  the  extent  of 
advising  assassination  as  a  last  resort ; 

"  Also,  that  the  paper  known  as  The  Kansas  Free  State  has  been 
similarly  engaged,  and  has  recently  reported  the  resolutions  of  a  public 
meeting  in  Johnson  county,  in  this  territory,  in  which  resistance  to 
the  territorial  laws  even  unto  blood  has  been  agreed  upon  ;  and  that 
we  respectfully  recommend  their  abatement  as  a  nuisance.  Also, 
that  we  are  satisfied  that  the  building  known  as  the  '  Free  State 
Hotel '  in  Lawrence  has  been  constructed  with  the  view  to  military 
occupation  and  defence,  regularly  parapeted  and  port-holed  for  the 
Use  of  cannon  and  small  arms,  and  could  only  have  been  designed  as 
a  stronghold  of  resistance  to  law,  thereby  endangering  the  public 
safety,  and  encouraging  rebellion  and  sedition  in  this  country;  and 
respectfully  recommend  that  steps  be  taken  whereby  this  nuisance 
may  be  removed. 

"OwEN  C.  STEWART,  Foreman." 

In  order  to  accomplish  the  objects  of  this  presentment, 
which  was  simply  a  declaration  of  war  against  Lawrence,  a 

number  of  writs  were  made  out  and  placed  in  the  hands  of  the 
marshal  for  the  arrest  of  prominent  citizens  of  that  place. 
Although  it  is  asserted  that  no  attempts  were  made  to  resist 
the  marshal's  deputies  in  serving  these  writs,  the  marshal,  on 
the  llth  of  May,  issued  the  following  proclamation  : — 

"To  THE  PEOPLE  OF  KANSAS  TERRITORY: 

"Whereas,  certain  judicial  writs  of  arrest  have  been  directed  to 
me  by  the  First  District  Court  of  the  United  States,  etc.,  to  be 
executed  within  the  county  of  Douglas,  and  whereas  an  attempt  to 
execute  them  by  the  United  States  Deputy  Marshal  was  evidently 
resisted  by  a  large  number  of  the  citizens  of  Lawrence,  an<5  as  there 
is  every  reason  to  believe  that  any  attempt  to  execute  these  writs 
will  be  resisted  by  a  large  body  of  armed  men  ;  now,  therefore,  the 
law-abiding  citizens  of  the  territory  are  commanded  to  be  and  appear 
at  Lecompton,  as  soon  as  practicable,  and  in  numbers  sufficient  for 
the  execution  of  the  law. 

"Given  under  my  hand,  this  llth  day  of  May,  1856. 

"  I.  B.  DONALSON, 
"  United  States  Marshal  for  Kansas  Territory." 

Previous  to  the  publication  of  this  proclamation,  Buford's 
regiment,  and  other  armed  bands,  had  taken  up  positions  in  the 
vicinity  of  Lawrence,  who  were  not  only  committing  depreda 
tions  upon  the  property  of  the  settlers,  but  were  intercepting, 
robbing,  and  imprisoning  travellers  on  the  public  thoroughfares, 
and  threatening  to  attack  the  town,  in  consequence  of  which  a 
meeting  was  held,  and  a  committee  appointed  to  address  Gov- 


TOWN  MEETINGS  AT  LAWRENCE.  79 

crnor  Shannon,  stating  the  facts  in  gentle  terms,  and  asking 
his  protection  against  such  bauds  by  the  United  States  troops 
at  his  disposal. 

To  this  respectful  application  the  committee  received  the 
following  reply : — 

"Executive  Office,  May  12,  1856, 

"  Lecompton,  K.  T. 

"  Gentlemen :  Your  note  of  the  eleventh  inst.  is  received,  and,  in 
reply,  I  have  to  state  that  there  is  no  force  around  or  approaching 
Lawrence,  except  the  legally  constituted  posse  of  the  United  States 
Marshal  and  Sheriff  of  Douglas  county,  each  of  whom,  I  am  informed, 
have  a  number  of  writs  in  their  hands  for  execution  against  persons 
now  in  Lawrence.  I  shall  in  no  way  interfere  with  either  of  these 
officers  in  the  discharge  of  their  official  duties. 

•'If  the  citizens  of  Lawrence  submit  themselves  to  the  territorial 
laws,  and  aid  and  assist  the  marshal  and  sheriff  in  the  execution  of 
processes  in  their  hands,  as  all  good  citizens  are  bound  to  do  when 
called  on,  they,  or  all  such  will  entitle  themselves  to  the  protection 
of  the  law.  But  so  long  as  they  keep  up  a  military  or  armed 
organization  to  resist  the  territorial  laws  and  the  officers  charged 
with  their  execution,  I  shall  not  interpose  to  save  them  from  the 
legitimate  consequences  of  their  illegal  acts. 

"  I  have  the  honor  to  be  yours,  with  great  respect, 

"  WILSON  SHANNON. 
"  Messrs.  C.  W.  Toplief,  John  Hutchinson,  W.  Y.  Roberts." 

Still  desirous  of  averting  the  impending  difficulties,  the 
citizens  of  Lawrence  held  another  meeting  on  the  loth,  when 
the  following  preamble  and  resolution  were  adopted,  copies  of 
which  were  immediately  forwarded  to  Marshal  Donalson  and 
Uovernor  Shannon  : — 

"  Whereas  by  a  proclamation  to  the  people  of  Kansas  Territory,  by 
I.  B.  Donalson,  United  States  Marshal  for  said  territory,  issued  on 
the  llth  day  of  May,  1856,  it  is  alleged  that  'Certain  judicial  writs 
of  arrest  have  been  directed  to  him  by  the  First  District  Court  of  the 
United  States,  etc.,  to  be  executed  within  the  county  of  Douglas,  and 
that  an  attempt  to  execute  them  by  the  United  States  Deputy  Marshal 
was  violently  resisted  by  a  large  number  of  the  citizens  of  Lawrence, 
and  that  there  is  every  reason  to  believe  that  any  attempt  to  execute 
said  writs  will  be  resisted  by  a  large  body  of  armed  men;  therefore, 

"  Rt 'solved,  By  this  public  meeting  of  the  citizens  of  Lawrence,  held 
this  thirteenth  day  of  May,  1856,  that  the  allegations  and  charges 
against  us,  contained  in  the  aforesaid  proclamation,  are  wholly  untrue 
in  fact,  and  the  conclusion  which  is  drawn  from  them.  The  aforesaid 
deputy  marshal  was  resisted  in  no  manner  whatever,  nor  by  any  person 
•whatever,  in  the  execution  of  said  writs,  except  by  him  whose  arrest 
the  said  deputy  marshal  was  seeking  to  make.  And  that  we  now,  as 
we  have  done  heretofore,  declare  our  willingness  and  determination, 


80  HISTORY  OF  KANSAS. 

without  resistance,  to  acquiesce  in  the  service  upon  us  of  any  judicial 
•writs  against  us  by  the  United  States  Deputy  Marshal  for  Kansas 
Territory,  and  will  furnish  him  with  a  posse  for  that  purpose,  if  so 
requested;  but  that  we  are  ready  to  resist,  if  need  be,  unto  death, 
the  ravages  and  desolation  of  an  invading  mob. 

"J.  A.  WAKEFIELD,  President." 

On  the  14th,  still  another  meeting  was  held  at  Lawrence, 
and  a,  letter,  signed  by  a  large  and  respectable  committee  ap 
pointed  for  the  purpose,  was  sent  to  the  marshal,  in  which  it 
was  affirmed  "  that  no  opposition  will  now,  or  at  any  future 
time,  be  offered  to  the  execution  of  any  legal  process  by  your 
self,  or  any  person  acting  for  you.  We  also  pledge  ourselves 
to  assist  you,  if  called  upon,  in  the  execution  of  any  legal  pro 
cess. 

"  We  declare  ourselves  to  be  order-loving  and  law-abiding 
citizens  j  and  only  await  an  opportunity  to  testify  our  fidelity 
to  the  laws  of  the  country,  the  constitution,  and  the  Union. 

"  We  are  informed,  also,  that  those  men  collecting  about 
Lawrence  openly  declare  that  it  is  their  attention  to  destroy 
the  town  and  drive  off  the  citizens.  Of  course  we  do  not 
believe  you  give  any  countenance  to  such  threats  j  but,  in  view 
of  the  excited  state  of  the  public  mind,  we  ask  protection  of 
the  constituted  authorities  of  the  government,  declaring  our 
selves  in  readiness  toco-operate  with  them  for  the  maintenance 
of  the  peace,  order,  and  quiet,  of  the  community  in  which  we 
live." 

In  reply  to  this  the  marshal  sends  a  lengthy  communica 
tion,  intended  to  be  bitterly  sarcastic,  which  he  closes  with 
these  words  : — 

"  You  say  you  call  upon  the  constituted  authorities  of  the 
government  for  protection.  This,  indeed,  sounds  strange  from 
a  large  body  of  men  armed  with  Sharpe's  rifles,  and  other 
implements  of  war,  bound  together  by  oaths  and  pledges,  to 
resist  the  laws  of  the  government  they  call  on  for  protection. 
All  persons  in  Kansas  Territory,  without  regard  to  location, 
who  honestly  submit  to  the  constituted  authorities,  will  ever 
find  me  ready  to  aid  in  protecting  them ;  and  all  who  seek  to 
resist  the  laws  of  the  land,  and  turn  traitors  to  their  country, 
will  find  me  aiding  and  enforcing  the  laws,  if  not  as  an  officer 
as  a  citizen." 

Y'hilst  these  documents  were  passing,  the  roads  were  block 
aded  by  the  marshal's  posse  of  southern  volunteers,  upon  which 
no  man  without  a  passport  could  safely  venture.  Captain  Sam 


SACKING  OF  LAWRENCE.  81 

uel  Walker,  who  had  carried  one  of  the  above-mentioned  letters 
to  Lecompton,  was  fired  upon  on  his  return  to  Lawrence.  Mr. 
Miller,  who  with  two  others  had  gone  up  to  negotiate  with  the 
governor  for  an  amicable  adjustment  of  the  pending  troubles, 
was  taken  prisoner  by  a  detachment  of  Buford's  South  Caro 
linians  near  Lecornpton,  who  knowing  him  to  have  been  from 
their  own  state,  tried  him  for  treason  and  sentenced  him  to  be 
hung.  He  contrived,  somehow,  to  get  away  with  the  loss  of 
his  horse  and  purse.  Mr.  Weaver,  a  sergeant-at-arms  of  the 
Congressional  Committee,  was  arrested  while  in  the  discharge 
of  his  duty,  and  carried  across  the  Kansas  River,  to  the  South 
Carolinian  camp,  where  after  a  critical  examination  of  his 
papers,  he  was  discovered  to  be  in  the  service  of  the  United 
States,  and  released,  the  officer  in  command  giving  him  a  pass, 
and  kindly  advising  him  to  answer  promptly,  if  challenged, 
otherwise  he  might  be  shot.  Outrages  of  this  kind  became  so 
frequent  that  all  travel  was  at  last  suspended. 

On  the  17th  of  May  the  citizens  of  Lawrence,  through  a 
committee,  again  addressed  the  United  States  Marshal,  in  the 
words  of  the  following  letter  : — 

"Lawrence,  K.  T.,  May  17,  1856. 
"I.  B.  DONALSON,  U.  S.  MARSHAL  OF  K.  T. 

"  Dear  Sir:  We  desire  to  call  your  attention,  as  citizens  of  Kansas, 
to  the  fact  that  a  large  force  of  armed  men  have  collected  in  the 
•vicinity  of  Lawrence,  and  are  engaged  in  committing  depredations 
upon  our  citizens ;  stopping  wagons,  arresting,  threatening  and  robbing 
unoffending  travellers  upon  the  highway,  breaking  open  boxes  of 
merchandise,  and  appropriating  their  contents ;  have  slaughtered 
cattle,  and  terrified  many  of  the  women  and  children. 

"  We  have  also  learned  from  Governor  Shannon,  « that  there  are  no 
armed  forces  in  the  vicinity  of  this  place  but  the  regularly  constituted 
militia  of  the  territory — this  is  to  ask  if  you  recognise  them  as  your 
posse,  and  feel  responsible  for  their  acts.  If  you  do  not,  we  hope  and 
trust  you  will  prevent  a  repetition  of  such  acts,  and  give  peace  to 
the  settlers.  "On  behalf  of  the  citizens, 

"C.  W.  BABCOCK, 
"  LYMAX  ALLEN, 
"J.  A.  PERRY." 

To  this  communication  no  reply  was  given.  In  the  mean 
time,  preparations  were  going  forward,  and  vigorously  prose 
cuted,  for  the  sacking  of  Lawrence.  The  pro-slavery  people 
were  to  "  wipe  out"  this  ill-fated  town  under  authority  of  law. 
They  had  received  the  countenance  of  the  president — the  ap 
probation  of  the  chief  justice — the  favorable  presentment  of 
the  grand  jury — the  concurrence  of  the  governor — the  or- 
F 


82  HISTORY  OF  KANSAS. 

dcrs  of  the  marshal, — and  were  prepared  to  consummate  their 
purpose  with  the  arms  of  the  government,  in  the  hands  of  a 
militia  force  gathered  from  the  remotest  sections  of  the 
Union. 

They  concentrated  their  troops  in  large  numbers  around  the 
doomed  city,  stealing,  or,  as  they  termed  it,  "  pressing  into 
the  service/'  all  the  horses  they  could  find  belonging  to  free 
state  men,  whose  cattle  were  also  slaughtered,  without  remune 
ration,  to  feed  the  marshal's  forces;  and  their  stores  and 
dwellings  broken  open  and  robbed  of  arms,  provisions,  blankets 
and  clothing.  And  all  tkis  under  the  pretence  of  "  law  and 
order,"  and  in  the  name  and  under  the  sanction  of  the  govern 
ment  of  the  United  States. 

The  marshal's  army  had  a  gallant  host  of  commanders. 
There  was  General  Atchisou,  with  the  Missouri  Platte  County 
Rifles,  and  two  pieces  of  artillery;  Captain  Dunn,  with  the 
Kickapoo  Rangers ;  General  Stringfellow,  and  Colonel  Abel, 
his  law-partner,  aided  by  Doctor  John  H.  Stringfellow  and 
Robert  8.  Kelly,  editors  of  the  Squatter  Sovereign,  with  the 
forces  from  Doniphan,  Atehison  and  Leavenworth ;  Colonel 
Boone,  with  sundry  aids,  at  the  head  of  companies  from  West- 
port,  Liberty  and  Independence;  Colonels  Wilkes  and  Bu- 
ford,  with  the  Carolinians,  Georgians  and  Mississippians; 
Colonel  H.  T.  Titus,  in  command  of  the  Douglas  County  Mi 
litia  ;  and  many  others,  too  numerous  to  mention. 

The  heart  of  the  marshal  must  have  swelled  with  triumph 
ant  pride  when  he  looked  upon  this  po**c  comitatus,  compris 
ing  in  all  not  less  than  eight  hundred  warlike  men.  The 
governor  must  have  reviewed  them  with  that  satisfaction 
which  governors  only  can  feel  when  about  to  accomplish  a 
mighty  undertaking,  with  the  certainty  of  success.  This  pa 
triotic  host  was  about  to  engage  in  an  enterprise  that  was  to 
redound  to  their  everlasting  glory — one  of  the  most  noble  ac 
tions  that  ever  called  warriors  to  the  field  of  battle.  But 
where,  all  this  time,  was  Sheriff  Jones,  the  life  and  spirit  and 
power  of  all  this  chivalric  host?  Why  had  he  not  made  his 
appearance,  to  encourage  with  his  presence,  and  cheer  with 
his  voice  and  smiles,  these  patriotic  forces  ?  By  some  it  was 
still  supposed  that  he  was  either  dead  or  dying  of  the  wound 
in  his  back.  Jones  was  still  behind  the  scenes.  The  time 
for  his  appearance  upon  the  stag<e  had  not  arrived,  and  he 
patiently  awaited  his  proper  cue. 

On  the  19th  of  May,  while  these  forces  were  collecting  for 


MURDER  OF  JONES  AND  STEWART.  83 

the  destruction  of  Lawrence,  a  young  man  from  Illinois,  named 
Jones,  had  been  to  a  store  near  l^lanton's  Bridge,  to  purchase 
flour,  when  he  was  attacked  by  two  of  the  marshal's  party, 
who  were  out  as  scouts.  To  escape  these  men,  Jones  dis 
mounted  and  entered  the  store,  into  which  they  followed,  and 
there  abused  him.  He  again  mounted  his  horse  and  left  for 

home,  the  others  following,  and  swearing  that  the  d d 

abolitionist  should  not  escape.  When  near  the  bridge,  they 
levelled  their  guns  (United  States  muskets),  and  fired.  Jones 
fell  mortally  wounded,  and  soon  expired. 

On  the  following  morning,  the  20th,  several  young  men, 
hearing  of  this  transaction,  left  Lawrence  to  visit  the  scene 
of  the  tragedy.  One  of  these  was  named  Stewart,  who  had 
but  recently  arrived  from  the  State  of  New  York.  They  had 
gone  about  a  mile  and  a  half,  when  they  met  two  men,  armed 
with  Sharpe's  rifles.  Some  words  passed  between  them,  when 
the  two  strangers  raised  their  rifles,  and,  taking  deliberate 
aim  at  Stewart,  fired.  One  of  the  balls  entered  his  temple. 
The  work  of  death  was  instantly  accomplished,  and  another 
accusing  spirit  stood  before  the  bar  of  God. 

Soon  after  sunrise,  on  the  morning  of  the  21st,  an  advanced 
guard  of  the  marshal's  army,  consisting  of  about  two  hundred 
horsemen,  appeared  on  the  top  of  Mount  Oread,  on  the  out 
skirts  of  the  town  of  Lawrence,  where  their  cannon  had  been 
stationed  late  on  the  preceding  night.  The  town  was  quiet, 
and  the  citizens  had  resolved  to  submit  without  resistance  to 
any  outrage  that  might  be  perpetrated.  About  seven  o'clock, 
Doctor  Robinson's  house,  which  stood  on  the  side  of  the  hill, 
was  taken  possession  of,  and  used  as  the  headquarters  of  the 
invaders.  At  eight  o'clock,  the  main  body  of  the  army  posted 
themselves  on  the  outer  edge  of  the  town.  Deputy  Marshal 
Fain,  with  ten  men,  entered  Lawrence,  and,  without  molesta 
tion,  served  the  writs  in  his  possession,  and  arrested  Judge 
G.  W.  Smith  and  G.  W.  Deitzler.  Fain  and  his  companions 
dined  at  the  free-state  hotel,  and  afterwards  returned  to  the 
army  on  Mount  Oread.  The  marshal  then  dismissed  his 
monster  posse,  telling  them  he  had  no  further  use  for  them. 

It  was  nearly  three  o'clock  in  the  afternoon,  when  suddenly 
another  actor  appeared  upon  the  stage.  The  "  dead"  and 
"  dying," — the  immortal  Sheriff  Jones, — rode  rapidly  into 
Lawrence,  at  the  head  of  twenty-five  mounted  men;  and  as 
he  passed  along  the  line  of  the  troops,  he  was  received  with 


84  HISTORY  OF  KANSAS. 

deafening  shouts  of  applause.  His  presence  was  the  signal 
far  action,  and  a  sanction  for  the  outrages  that  ensued. 

Atchison  then  addressed  his  forces,  in  language  not  suffi 
ciently  well  selected  for  ears  polite,  and  then  marched  the 
whole  column  to  within  a  short  distance  of  the  hotel,  where 
they  halted.  Jones  now  informed  Col.  Eldridge,  the  pro 
prietor,  that  the  hotel  must  be  destroyed;  he  was  acting  under 
orders ;  he  had  writs  issued  by  the  First  District  Court  of  the 
United  States  to  destroy  the  Free-State  Hotel,  and  the  offices 
of  the  Herald  of  Freedom  and  Free  Press.  The  grand  jury 
at  Lecompton  had  indicted  them  as  nuisances,  and  the  court 
had  ordered  them  to  be  destroyed.  He  gave  Col.  Eldridge  an 
hour  and  a  half  to  remove  his  family  and  furniture,  after 
which  time  the  demolition  commenced,  and  was  prosecuted 
with  an  earnestness  that  would  have  done  credit  to  a  better 
cause. 

In  the  mean  time  the  newspaper  offices  had  been  assailed, 
the  presses  broken  to  pieces,  and  these,  with  the  type  and  other 
material,  thrown  into  the  Kansas  River.  The  following  ex 
tract  from  the  report  of  these  transactions,  given  in  the  columns 
of  the  Lecompton  Union,  the  most  rabid  pro-slavery  paper  in 
Kansas,  the  'Squatter  Sovereign  excepted,  is  too  significant 
not  to  be  read  with  interest : — 

"  During  this  time  appeals  were  made  to  Sheriff  Jones  to  save  the 
Aid  Society's  Hotel.  This  news  reached  the  company's  ears,  and 
was  received  with  one  universal  cry  of  '  No !  no  !  Blow  it  up !  blow 
it  up !' 

"  About  this  time  a  banner  was  seen  fluttering  in  the  breeze  over 
the  office  of  The  Herald  of  Freedom.  Its  color  was  a  blood-red,  with 
a  lone  star  in  the  centre,  and  South  Carolina  above.  This  banner 
was  placed  there  by  the  Carolinians — Messrs.  Wrights  and  a  Mr. 
Cross.  The  effect  was  prodigious.  One  tremendous  and  long-con 
tinued  shout  burst  from  the  ranks.  Thus  floated  in  triumph  the 
banner  of  South  Carolina, — that  single  white  star,  so  emblematic  of 
her  course  in  the  early  history  of  our  sectional  disturbances.  When 
every  southern  state  stood  almost  upon  the  verge  of  ceding  their 
dearest  rights  to  the  north,  Carolina  stood  boldly  out,  the  firm  and 
unwavering  advocate  of  southern  institutions. 

"  Thus  floated  victoriously  the  first  banner  of  southern  rights  over 
the  abolition  town  of  Lawrence,  unfurled  by  the  noble  sons  of  Caro 
lina,  and  every  whip  of  its  folds  seemed  a  death-stroke  to  Beecher 
propagandism  and  the  fanatics  of  the  east.  0 !  that  its  red  folds 
could  have  been  seen  by  every  southern  eye ! 

"  Mr.  Jones  listened  to  the  many  entreaties,  and  finally  replied  that 
it  was  beyond  his  power  to  do  anything,  and  gave  the  occupants  so 
long  to  remove  all  private  property  from  it.  He  ordered  two  com- 


SACKING  OF  LAWRENCE.  85 

panics  into  each  printing  office  to  destroy  the  press.  Both  presses 
were  broken  up  and  thrown  into  the  street,  the  type  thrown  in  the 
river,  and  all  the  material  belonging  to  each  office  destroyed.  Al'trr 
this  was  accomplished,  and  the  private  property  removed  from  the 
hotel  by  the  different  companies,  the  cannon  were  brought  in  front 
of  the  house  and  directed  their  destructive  blows  upon  the  walls 
The  building  caught  on  fire,  and  soon  its  walls  came  with  a  crash  to 
the  ground.  Thus  fell  the  abolition  fortress ;  and  we  hope  this  will 
teach  the  Aid  Society  a  good  lesson  for  the  future" 

Whilst  the  work  of  destruction  was  going  on  at  the  printing- 
offices,  the  bombardment  of  the  hotel,  a  strongly  constructed 
three-story  stone  building,  commenced.  Kegs  of  gunpowder 
had  been  placed  inside  and  the  house  fired  in  numerous  places; 
and  whilst  the  flames  were  doing  their  destructive  work  within, 
heavy  cannon  were  battering  against  the  walls  without ;  and 
amid  the  crackling  of  the  conflagration,  the  noise  of  falling 
walls  and  timbers,  and  the  roar  of  the  artillery,  were  mingled 
the  almost  frantic  yells  of  satisfaction  that  constantly  burst 
from  the  "  law  and  order"  lovers  of  Kansas  Territory.  Jones 
himself  was  in  ecstasies.  He  sat  upon  his  h^orse,  contemplating 
the  havoc  he  was  making,  and  rubbing  his  hands  with  wild 
delight,  exclaimed  :  "  This  is  the  happiest  day  of  my  life.  I 
determined  to  make  the  fanatics  bow  before  me  in  the  dust, 
and  kiss  the  territorial  laws;  and  I  have  done  it — by  G — d, 
I  have  done  it !" 

And  then  followed  scenes  of  reckless  pillage  and  wanton 
destruction  in  all  parts  of  that  ill-fated  town.  Stores  were 
broken  into  and  plundered  of  their  contents.  Bolts  and  bars 
were  no  obstacles  to  the  entrance  of  drunken  and  infuriated 
men  into  private  dwellings,  from  which  most  of  the  inhabi 
tants  had  fled  in  terror.  From  these  everything  of  value  was 
stolen,  and  much  that  was  useless  to  the  marauders  was  de 
stroyed. 

The  closing  act  of  this  frightful  drama  was  the  burning  of 
the  house  of  Dr.  Robinson  on  the  brow  of  Mount  Oread. 
This  was  set  on  fire  after  the  sun  had  gone  down,  and  the 
bright  light  which  its  flames  shed  over  the  country  illuminated 
the  paths  of  the  retreating  army,  as  they  proceeded  toward 
their  homes,  pillaging  houses,  stealing  horses,  and  violating 
the  persons  of  defenceless  women.  All  these  dreadful  deeds 
were  done  by  human  authority.  There  is  yet  an  account  to 
render  to  a  Higher  Power  ! 

During  the  perpetration  of  these  atrocities,  one  of  the  pro- 
slavery  intruders  accidentally  shot  himself  on  Mount  Oread, 
8 


86  HISTORY  OP  KANSAS 

another  wns  killed  by  the  falling  of  a  brick  from  the  free-state 
il,  and  a  third  had  his  leg  crushed  and  broken  by  falling 
from  his  horse  wheii  gallopping  in  pursuit  of  an  unoffending 
man.  whom  he  had  mistaken  for  Governor  Recder. 


CHAPTER  XIV. 

Murderous  assault  on  a  pro-slavery  company. — Captain  John  Brown. — 
The  Potawattomio  murders. — Outrages  of  Captain  Pate  at  Osawattomie. — 
Battle  of  Palmyra. — Fight-  at  Franklin. — General  Whittield's  array. — 
Colonel  Sumnor  disperses  the  contending  armies. — Murder  of  Cantral. — 
Sacking  of  Osawattomie. — The  murder  of  Gay,  an  Indian  agent — Out 
rages  at  Leavenworth  and  on  the  Missouri  River. 

AFTER  the  sacking  of  Lawrence,  parties  of  free-state  men 
were  organized  and  armed  with  the  determination  to  continue 
the  war  which  had  now  begun  in  earnest.  Some  of  these 
committed  depredations  upon  their  political  opponents  under 
the  pretence  of  recovering  horses  and  other  property  of  which 
themselves  and  neighbors  had  been  robbed.  They  attacked 
the  pro-slavery  men  in  the  roads  and  at  their  dwellings,  and 
committed  most  flagrant  outrages.  These  organizations  and 
their  actions  were  condemned  by  the  prominent  and  more 
respectable  portions  of  the  free-state  party,  and  very  few  of  the 
actual  settlers  of  the  territory  had  any  lot  or  part  in  their  pro 
ceedings.  They  were  chiefly  composed  of  men  of  desperate 
fortunes,  who  were  actuated  in  many  instances  as  much  by  a 
disposition  to  plunder  as  from  a  spirit  of  retaliation  and  revenge 
for  insults  and  injuries  they  had  received. 

A  detachment  of  one  of  these  parties,  eight  in  number, 
secreted  themselves  in  a  ravine  near  the  Santa  Fe  road,  where 
they  laid  in  wait  for  a  company  of  eighteen  pro-slavery  men 
who  they  had  understood  were  coming  in  that  direction  on 
a  marauding  expedition,  and  as  they  approached,  a  fire  was 
poured  into  them  from  their  ambushed  enemies,  killing  three 
and  wounding  several  more.  The  remainder,  not  knowing  the 
strength  of  their  assailants,  fled  in  dismay.  Other  instances 
of  the  kind  were  constantly  occurring.  Indeed,  it  seemed  as 
though  each  party  was  determined  to  vie  with  the  other  in  the 
number  of  outrages  it  could  commit. 

Captain  John  Brown,  who  lived  near  Osawattomie,  was  the 


CAPTAIN  JOHN  BROWN.  87 

leader  of  one  of  these  free-stnte  guerilla  bands.  He  was  a 
Vermonter  by  birth,  an  old  soldier,  and  had  served  through 
the  war  of  1812.  He  was  a  resolute,  determined  and  brave 
old  man;  but  fierce,  passionate,  revengeful  and  inexorable. 
His  hatred  for  the  border-ruffians  had  reached  so  high  a  degree, 
that  he  could  emulate  the  worst  of  them  in  acts  of  cruelty, 
whilst  not  one  among  them  was  his  equal  as  a  tactician,  or  pos 
sessed  as  much  courage  and  daring.  Hence  his  name  soon 
became  a  terror,  and  not  a  few  unsuccessful  attempts  were  made 
to  effect  his  capture. 

Old  Brown,  as  he  was  familiarly  called,  is  said  to  have  been 
the  leader  of  a  band;  who  on  the  night  of  the  26th  of  May, 
attacked  a  pro-slavery  settlement  at  Potawattomie,  and  cruelly 
murdered  a  Mr.  Doyle  and  his  two  sons,  Mr.  Wilkinson  and 
Win.  Sherman.  The  excuse  given  for  this  act,  is,  that  the 
persons  killed  were  there  assembled  to  assassinate  and  burn  the 
houses  of  certain  free-state  men,  whom  they  had  notified  to 
quit  the  neighborhood.  These  five  men  were  seized  and  dis 
armed,  a  sort  of  trial  was  had,  and  in  conformity  with  the 
sentence  passed,  were  shot  in  cold  blood.  This  was  doubtless 
an  act  of  retaliation  for  the  work  done  but  a  few  days  before 
at  Lawrence. 

Captain  H.  C.  Pate,  who  was  in  command  of  a  predatory 
band  of  about  sixty  Missourians,  called  u  Shannon's  Sharp 
Shooters,"  resolved  to  capture  Capt.  John  Brown,  and  with  this 
intent  visited  Osawattomie  on  the  last  day  of  May.  Old  Brown 
was  absent,  and  Captain  Pate  succeeded  without  resistance,  in 
taking  prisoners  two  of  his  sons,  whom  he  found  engaged  in  their 
peaceful  occupations.  Captain  Pate's  men  burned  the  store  of  a 
German  named  Winer,  who  was  supposed  to  have  been  in  the 
Potawattomie  affair,  and  also  the  house  of  young  John  Brown, 
the  captain's  son.  After  committing  these  and  other  depre 
dations  upon  the  free-state  settlers,  the  most  of  whose  houses 
they  entered  and  robbed,  Pate  and  his  company  left  the  place, 
taking  with  them  their  prisoners.  These  they  delivered  to  a 
company  of  United  States  dragoons,  whom  they  found  en 
camped  on  the  Middle  Ottawa  Creek. 

When  Captain  Brown  learned  of  the  visit  of  Pate,  he  gath 
ered  a  company  of  about  thirty  men,  and  hastening  in  pursuit, 
overtook  him  on  the  2d  of  June,  near  Palmyra,  about  fifteen 
miles  from  Lawrence. 

Pate  was  encamped  when  Brown  appeared,  and  having  been 
informed  of  his  approach,  had  fortified  his  camp  by  drawing 


88  HISTORY  OF  KANSAS. 

together  some  heavy  wagons.  Brown  soon  made  his  arrange 
ments,  and  notwithstanding  the  disparity  of  their  forces,  com 
menced  the  attack,  when  a  spirited  battle  ensued.  This  lasted 
about  three  hours,  when  Captain  Pate  sent  out  a  flag  of  truce, 
and  unconditionally  surrendered.  Some  of  his  men  had  ridden 
off  during  the  fight,  as  was  also  the  case  with  some  of  Brown's 
command.  Several  were  severely  wounded  on  both  sides,  but 
none  were  killed.  Brown  took  thirty-one  prisoners,  a  large 
number  of  horses,  some  wagons,  arms,  munitions,  and  a  con 
siderable  amount  of  plunder  that  had  been  seized  at  various 
places  by  Pate's  men.  Soon  after  the  surrender  of  Pate,  Brown 
was  reinforced  by  a  Captain  Abbott,  with  a  company  of  fifty 
men  from  the  Wakarusa,  who  had  come  to  his  assistance. 

Whilst  Brown  was  in  pursuit  of  Captain  Pate  with  the  free- 
state  men  from  Osawattomie,  other  parties  from  Lawrence  and 
the  Wakarusa  were  planning  an  attack  on  Franklin,  where  a 
number  of  the  pro-slavery  rangers  had  remained  since  the 
sacking  of  Lawrence.  Franklin  is  about  four  miles  from  the 
latter  town,  near  the  Wakarusa,  and  on  the  road  to  Westport. 
It  was  a  sort  of  Missouri  head-quarters,  where  the  forces  were 
accustomed  to  assemble  whenever  a  descent  upon  Lawrence  was 
contemplated.  Having  settled  the  preliminaries  to  their  sat 
isfaction,  a  company  of  the  attacking  party  entered  Franklin 
about  two  o'clock  on  the  morning  of  June  4th.  The  night 
was  extremely  dark,  and  everything  in  and  about  the  town  was 
wrapped  in  the  most  profound  stillness.  Yet  the  pro-slavery 
forces  had  been  apprised  of  the  intended  visit,  and  were  pre 
pared  to  give  the  intruders  a  warm  reception.  The  latter, 
numbering  about  fifteen  men,  proceeded  directly  to  the  guard 
house  and  demanded  a  surrender,  which  was  answered  by  the 
discharge  of  a  cannon  planted  in  the  door,  that  had  been  loaded 
heavily  with  every  imaginable  sort  of  missile  that  could  be 
crammed  into  its  muzzle.  The  noise  of  the  explosion  was  like 
the  loud  roar  of  thunder  in  the  very  midst  of  the  town.  For 
tunately  for  the  assailants,  the  gun  was  not  properly  pointed, 
and  its  infernal  contents  passed  harmless  over  their  heads. 
Then  came  on  the  battle.  A  volley  from  the  Sharpe's  rifles  of 
the  free-state  men  was  poured  into  the  guard-room  door,  simul 
taneously  with  which,  many  shots  came  down  from  the  neigh 
boring  houses.  The  attacking  party  threw  themselves  upon 
the  ground,  and  without  any  regular  order,  kept  up  a  random 
fire  as  rapidly  as  they  could  load  their  pieces,  their  enemies 
constantly  returning  their  shots.  In  the  meantime,  reinforce- 


BATTLE  OF  FRANKLIN.  89 

ments  had  entered  the  town,  but  in  consequence  of  the  extreme 
darkness  and  the  uncertainty  of  the  positions  of  the  contend 
ing  forces,  they  could  take  no  part  in  the  fight,  not  being  able 
to  distinguish  their  foes  from  their  friends.  They  nevertheless 
made  the  best  of  their  time,  having  broken  into  the  stores  and 
loaded  their  wagon,  which  had  been  brought  for  the  purpose, 
with  ammunition,  rifles,  guns,  provisions  and  such  other  articles 
as  they  desired,  the  greater  part  of  which  were  Buford's  stores, 
previously  captured  from  free-state  people.  The  firing  con 
tinued  on  both  sides  until  nearly  daylight,  when  the  pro-slavery 
men  retired,  leaving  their  enemies  in  possession  of  the  town. 
In  this  affair  a  pro-slavery  man  named  Teschmaker  was  killed, 
and  three  or  four  wounded.  One  man  had  his  ear  shot  off. 
The  assailants  received  no  injury  whatever.  One  remarkable 
feature  in  all  these  Kansas  battles,  is,  that  although  many 
persons  were  sometimes  engaged,  who  fought  with  passions 
inflamed  to  the  most  violent  pitch,  the  loss  on  either  side  was 
almost  invariably  quite  insignificant.  Those  who  suffered  death 
were  generally  murdered,  not  in  the  heat  of  battle,  but  delibe 
rately  and  in  cold  blood,  when  the  fights  were  over. 

General  Whitfield,  in  the  meantime,  had  collected  a  large 
force,  chiefly  from  Jackson  county,  Mo.,  with  which,  accompa 
nied  by  General  Reid,  and  other  prominent  members  of  his 
party,  professedly  to  relieve  Captain  Pate,  and  attack  and 
capture  Brown,  he  entered  the  territory  and  encamped  near 
Palmyra.  Whilst  this  army  was  assembling,  the  free-state  bands 
were  also  concentrating  and  moving  towards  the  same  neigh 
borhood. 

These  latter,  says  one  of  their  own  writers,  "  were  a  harum- 
scarum  set,  as  brave  as  steel,  mostly  mere  boys,  and  did  not 
consider  it  a  sin  to  ' press7  a  pro-slavery  man's  horse.  At 
various  times  they  have  made  more  disturbance  than  all  other 
free-state  men  together.  They  were  under  no  particular  re 
straint,  and  did  not  recognise  any  authority — military,  civil,  or 
otherwise — any  further  than  suited  their  convenience.  While 
they  went  around  the  country  skirmishing,  and  carrying  on 
the  war  against  the  pro-slavery  men  on  their  own  hook,  and  in 
their  own  time  and  way,  they  were  at  the  same  time  quite 
willing  to  lend  a  hand  in  more  systematic  and  important  fight 
ing  when  there  was  an  opportunity.  These  boys  have  been 
most  bitterly  maligned,  and  the  free-state  men,  or  conservative 
free-state  men,  were  not  slow  to  denounce  them.  Resolutions 
were  passed  by  the  sensitively  moral  free-state  people,  or  the 
8* 


90  HISTORY  OF  KANSAS. 

sensitively  timid,  declaring  that  these  daring  young  guerillas 
were  a  nuisance,  and  that  they,  the  conservative  class,  did  not 
wish  to  be  held  responsible  for  them.  To  all  this  moralizing 
these  young  braves  turned  up  their  noses,  ironically  recom 
mending  all  who  were  too  cowardly  to  fight  to  '  keep  right  on 
the  record.'  For  their  own  part,  they  regarded  the  war  as 
begun,  and  would  wage  it  against  the  pro-slavery  men  as  the 
pro-slavery  men  waged  it  against  their  free-state  friends/' 

This  was  the  state  of  affairs  near  Hickory  Point  on  the 
morning  of  the  5th  of  June.  Whitfield  was  encamped  behind 
Palmyra  with  near  three  hundred  men.  The  free-state  camps 
mustered,  or  mustering,  on  that  day,  were  about  two  hundred 
strong,  and  two  companies  were  marching  from  Topeka  with 
fifty  more,  who  arrived  the  day  after. 

The  governor,  in  view  of  this  condition  of  things,  issued  a 
proclamation  on  the  4th,  "  commanding  all  persons  belonging 
to  military  companies  unauthorized  by  law  to  disperse,  other 
wise  they  would  be  dispersed  by  the  United  States  troops." 
Col.  Sumner,  at  the  head  of  a  large  force  of  dragoons,  pro 
ceeded  towards  Hickory  Point  to  enforce  the  order.  He  went 
directly  to  the  camp  of  Brown,  on  Ottawa  Creek,  who  con 
sented  to  disband,  but  not  until  he  was  assured  by  Sumner 
that  Whitfield's  army  should  be  dispersed.  Pate  and  the 
other  prisoners  were  then  set  at  liberty,  and  their  horses,  arms, 
and  other  property  restored.  Captain  Pate  received  a  severe 
rebuke  for  invading  the  territory  without  authority,  and  es 
pecially  for  being  in  possession  of  the  United  States  arms. 
Col.  Sumner  next  visited  the  camp  of  Whitfield,  who  pro 
mised  to  return  with  his  men  to  Missouri,  and  at  once  moved 
down  the  Santa  Fe  road,  and  encamped  about  five  miles  below 
Palmyra  on  the  Black  Jack. 

Early  on  the  following  morning,  June  Oth,  this  army  sepa 
rated  into  two  divisions,  one  .half  of  it  under  General  Reid, 
with  Captain  Pate,  Bell,  Jenigen,  and  other  prominent  lead 
ers,  moving  towards  Osawattomie,  whilst  the  others,  under 
Whitfield,  started  for  Westport.  They  had,  in  their  march  on 
the  day  previous,  taken  several  prisoners,  and  before  they 
divided,  held  a  court  among  themselves  and  tried  one  of  these, 
a  free-state  man  named  Cantral,  whom  they  sentenced  to  death, 
carried  into  a  deep  ravine  near  by,  and  shot.  His  body  was 
subsequently  found,  with  three  bullet  holes  in  the  breast. 
The  executioner  in  this  case  is  said  to  have  been  a  man  named 
Forinau;  of  Pate's  company,  belonging  to  Westport,  Missouri. 


MURDER  OF  GAY.  91 

On  tfce  7th,  Reid,  with  one  hundred  and  seventy  men, 
marched  iuto  Osawattoinie,  and  without  resistance,  entered 
each  house,  robbing  it  of  everything  of  value.  There  were 
but  few  men  in  the  town,  and  the  women  and  children  were 
treated  with  the  utmost  brutality.  Stores  and  dwellings  were 
alike  entered  and  pillaged.  Trunks,  boxes,  ar.  1  desks  were 
broken  open,  and  their  contents  appropriated  or  destroyed. 
Even  rings  were  rudely  pulled  from  the  ears  and  fingers  of  the 
women,  and  some  of  the  apparel  from  their  persons.  The 
liquor  found  was  freely  drunk,  and  served  to  incite  the  plun 
derers  to  increased  violence  in  the  prosecution  of  their  mis 
chievous  work.  Having  completely  stripped  the  town,  they 
set  fire  to  several  houses,  and  then  beat  a  rapid  retreat,  carry 
ing  off  a  number  of  horses,  and  loudly  urging  each  other  to 
greater  haste,  as  "  the  d — d  abolitionists  were  coming!" 

There  are  hundreds  of  well  authenticated  accounts  of  the 
cruelties  practised  by  this  horde  of  ruffians,  some  of  them  too 
shocking  and  disgusting  to  relate,  or  to  be  accredited,  if  told. 
The  tears  and  shrieks  of  terrified  women,  folded  in  their  foul 
embrace,  failed  to  touch  a  chord  of  mercy  in  their  brutal 
hearts,  and  the  mutilated  bodies  of  murdered  men,  hanging 
upon  the  trees,  or  left  to  rot  upon  the  prairies  or  in  the  deep 
ravines,  or  furnish  food  for  vultures  and  wild  beasts,  told 
frightful  stories  of  brutal  ferocity  from  which  the  wildest 
savages  might  have  shrunk  with  horror. 

On  the  21st  of  June,  an  Indian  agent,  named  Gay,  was  tra 
velling  in  the  vicinity  of  Westport,  and  was  stopped  by  a  party 
of  Buford's  men,  who  asked  if  he  was  in  favor  of  making 
Kansas  a  free-state.  He  promptly  answered  in  the  affirma 
tive,  and  was  instantly  shot  dead.  Such  was  the  only  crime 
for  which  this  soul  was  hurried  into  the  eternal  world. 

Whilst  these  events  were  transpiring  on  the  south  side  of 
the  Kansas  river,  Col.  "Wilkes,  Captain  Emory,  and  other  pro 
minent  pro-slavery  men,  were  actively  employed  in  persecuting 
the  free-state  citizens  of  Leaven  worth.  Notices  were  served 
on  them  to  quit  the  city;  some  were  violently  seized  and  im 
prisoned,  and  still  others  carried  to  the  levee,  having  been  de 
prived  of  all  their  property  and  the  greater  part  of  their 
clothing,  placed  on  board  of  steamers,  and  thus  compelled  to 
leave  the  country.  At  the  same  time  the  steamboats  coming 
up  the  river  continued  to  be  boarded  at  every  stopping  place, 
the  free-state  passengers  insulted,  their  trunks  broken  open 
and  robbed,  and  their  arms  taken  from  them ;  after  which 
they  were  put  upon  return  boats,  and  forced  to  go  back. 


92  HISTORY  OF  KANSAS. 


CHAPTER  XV. 

Removal  of  Colonel  Sumner  and  appointment  of  Gereral  P.  F.  Smith.— 
Free-state  refugees  driven  from  Fort  Leavenworth. — Immigration  from 
the  North. — Destruction  of  pro-slavery  forts  by  free-state  hands.— Mur 
der  of  Major  Hoyt. — Defeat  of  the  pro-slavery  forces  at  Franklin. — 
Colonel  Titus  captured  by  Captain  Walker,  and  his  house  burned. — Alarm 
at  Lecompton. — Governor  Shannon  makes  another  treaty  with  tho  Law 
rence  people. 

COL.  SUMNER,  in  consequence  of  the  strict  impartiality  with 
which  he  discharged  his  duties,  failed  to  give  satisfaction  to 
the  pro-slavery  party,  who  having  all  the  official  power  in 
Kansas,  backed  up  by  still  greater  power  at  Washington,  had 
no  difficulty  in  effecting  his  removal  from  the  territory.  He 
was  superseded  in  July,  1856,  by  General  Persifer  F.  Smith, 
whose  quarters  were  at  Fort  Leavenworth.  The  general  was 
born  in  Pennsylvania,  but  has  spent  much  of  his  time  in  Loui 
siana,  and  is  decidedly  a  pro-slavery  man  in  feeling  and  senti 
ment.  His  appointment  was  highly  gratifying  to  those  who 
had  so  strongly  desired  to  get  rid  of  Sumner.  Soon  after  his 
arrival,  General  Smith,  whose  health  had  been  failing  for  some 
time,  became  quite  ill,  and  until  the  time  that  he  left  Kansas 
in  February,  1857,  was  closely  confined  to  his  apartments,  so 
that  he  was  not  able  to  take  any  active  part  in  the  affairs  of 
the  territory.  Hence,  after  the  removal  of  Shannon  on  the 
21st  of  August,  when  Secretary  Woodson  became  acting 
governor,  until  the  arrival  of  Governor  Geary  in  September, 
the  belligerents  had  matters  pretty  much  their  own  way,  and 
the  ruffians  improved  the  time,  under  pretence  of  authority 
from  Woodson,  to  perpetrate  with  impunity  the  most  shock 
ing  barbarities.  During  this  period  Gen.  Smith  received  much 
censure  from  the  free-state  people.  Emory,  Wilkes,  Stringfel- 
low,  and  othors,  were  driving  these  from  their  homes  at  Leaven 
worth  and  other  places,  and  many  of  them  hastily  fled  in  terror 
for  protection  within  the  enclosures  of  the  fort ;  when  the 
general  caused  hand-bills  to  be  posted  over  the  grounds  com 
manding  them  to  leave  before  a  certain  specified  time,  and 
gave  orders  to  his  subordinates  to  enforce  this  command.  These 
unfortunate  people,  among  whom  were  men  of  the  highest  re 
spectability,  and  even  women  and  children,  were  compelled, 


DESTRUCTION  OF  PRO-SLAVERY  FORTS.  93 

• 

some  of  them  without  money  or  suitable  clothing,  to  take  to 
the  prairies,  exposed  at  every  step  to  the  danger  of  being 
murdered  by  scouting  or  marauding  parties,  or  at  the  risk  of 
their  lives,  effect  their  escape  upon  the  downward  bound  boats. 
Some  of  these  were  shot  in  the  attempt  upon  the  river  banks, 
whilst  others  were  seized  at  Kansas  City  and  other  Missouri 
towns,  brought  back  as  prisoners,  and  disposed  of  in  such  a 
manner  as  will  only  be  made  known  at  that  great  day  when  all 
human  mysteries  will  be  revealed.  There  is  many  an  unhappy 
wife  and  mother  in  the  states  looking  anxiously,  and  hoping 
against  hope,  for  the  return  of  an  adventurous  husband  or 
son,  whose  bones  are  bleaching  upon  the  prairies  or  mouldering 
beneath  their  sod. 

In  August  the  troubles  had  reached  their  culminating  point. 
The  free-state  immigrants  had  opened  a  new  route  into  the 
territory  through  Nebraska  and  Iowa,  and  large  and  well-armed 
companies  came  pouring  in,  many  of  them  of  irreproachable 
character,  who  came  to  the  relief  of  the  oppressed  ;  and  others 
of  desperate  fortunes,  eager  to  take  part  in  the  disturbances 
from  a  spirit  of  revenge  or  a  love  of  the  excitement ;  and  still 
others,  perhaps,  for  the  sole  purpose  of  plunder.  These  bauds 
were  generally  under  the  direction  of  Laue,  Redpath,  Perry, 
and  other  prominent  free-state  leaders. 

The  pro-slavery  marauders  south  of  the  Kansas  River  had 
established  and  fortified  themselves  at  the  town  of  Franklin ; 
at  a  fort  thrown  up  near  Osawattomie ;  at  another  on  Wash 
ington  Creek,  twelve  miles  from  Lawrence;  and  at  Colonel 
Titus' s  house,  on  the  border  of  Lecompton.  From  these 
strongholds  they  would  sally  forth,  "press"  horses  and  cattle, 
intercept  the  mails,  rob  stores  and  dwellings,  plunder  travellers, 
burn  houses,  and  destroy  crops. 

The  fort  near  Osawattomie,  in  consequence  of  outrages 
committed  in  the  neighborhood,  and  at  the  solicitation  of  the 
settlers,  was  attacked  by  a  company  of  free-state  men  from 
Lawrence,  on  the  5th  of  August.  A  party  of  Georgians  who 
held  this  position,  upon  the  approach  of  the  enemy,  fled 
without  firing  a  gun,  leaving  behind  a  large  quantity  of  plun 
der.  The  fort  was  then  taken  and  demolished. 

The  defeated  party  retreated  to  the  fort  at  Washington 
Creek,  and  thence  continued  their  depredations  upon  the 
neighboring  inhabitants.  On  the  llth  the  people  of  Lawrence 
sent  Major  D.  S.  Hoyt,  a  peaceable  man,  who  was  greatly  re 
spected,  to  this  camp  to  endeavor  to  make  some  sort  of  armica- 


9-1  HISTORY  OF  KANSAS. 

ble  arrangement  with  Colonel  Treadwell,  the  commander.  On 
his  way  home  lie  was  waylaid  and  shot,  his  body  being  fairly 
riddled  with  bullet  holes. 

This  news  so  enraged  the  people  of  Lawrence,  that  on  the 
12th  they  attacked  the  pro-slavery  post  at  Franklin.  The 
enemy  was  strongly  fortified  in  a  block-house,  and  had  one 
brass  six-pounder.  This  battle  lasted  three  hours,  and  was 
conducted  with  great  spirit  on  both  sides.  The  free-state  men, 
at  length,  drew  a  wagon  load  of  hay  against  the  house,  and  were 
about  to  set  it  on  fire  when  the  inmates  cried  for  quarter. 
They  then  threw  down  their  arms  and  fled.  In  this  engage 
ment  the  free-state  men  had  one  killed  and  six  wounded.  The 
other  side  had  four  severely  wounded,  one  of  them  mortally. 
The  cannon  taken  was  one  that  had  been  used  to  batter  down 
the  walls  of  the  Lawrence  hotel. 

A  general  panic  seized  the  Missouri  and  other  southern 
intruders  on  learning  these  repeated  free-state  successes.  On 
the  15th  the  Georgian  camp  at  Washington  Creek  broke  up  in 
great  confusion,  its  occupants  flying  in  hot  haste  as  the  Law 
rence  forces  approached.  This  fort  was  entered  without  re 
sistance  ;  large  quantities  of  provisions  and  goods  taken  at 
Lawrence  were  recovered ;  the  building  was  set  on  fire  and  en 
tirely  consumed. 

The  next  blow  was  struck  at  Colonel  Titus's  fortified  house, 
near  Lecompton.  This  was  one  of  the  boldest  strokes  of  the 
Kansas  war.  Lecompton  was  the  stronghold  of  the  pro-slavery 
party.  It  was  the  capital  of  the  territory,  the  headquarters 
of  Governor  Shannon,  and  within  two  miles  of  the  house  of 
Titus  a  large  force  of  United  States  dragoons  was  encamped. 
Captain  Samuel  Walker,  a  Penrisylvanian,  and  as  brave  a  man 
as  ever  lived,  commanded  the  attacking  army.  With  about 
four  hundred  men  and  one  brass  six-pounder,  he  took  up  a 
position  upon  an  elevated  piece  of  ground  near  the  house  soon 
after  sunrise  on  the  morning  of  the  16th  of  August.  The 
fight,  which  was  a  spirited  one,  immediately  commenced,  and 
resulted  in  the  capture  of  Titus,  Captain  William  Donaldson, 
(who  also  had  rendered  himself  notorious  at  the  sacking  of 
Lawrence  and  elsewhere),  and  of  eighteen  others.  Five  prisoners, 
previously  taken  by  Titus's  party,  were  released,  one  of  whom 
had  been  sentenced  to  be  shot  that  very  day.  One  of  his  men 
was  killed  in  this  engagement  and  several  others  wounded. 
Titus  was  shot  in  the  shoulder  and  hand.  Walker's  cannon 
was  loaded  with  slugs  and  balls  cast  from  the  type  of  the 


CAPTURE  OF  COLONEL  TITUS.  95 

Herald  of  Freedom,  fished  out  of  the  Kansas  River,  where  it 
had  been  thrown  on  the  day  that  Lawrence  was  sacked.  Walkci 
set  fire  to  the  house  of  Titus,  which  was  completely  destroyed, 
and  carried  his  prisoners  to  Lawrence. 

The  time  occupied  by  this  battle  was  greatly  magnified  by 
Titus  in  his  account  of  the  affair,  as  he  maintains  that  he  held 
out  for  six  hours,  and  did  not  surrender  until  a  wagon  load  of 
hay  was  brought  up  to  burn  the  building.  He  says  that  he 
came  out  to  capitulate  with  Walker  when  he  received  his 
wounds.  On  the  other  hand,  Walker  thinks  the  action  lasted 
short  of  half  an  hour,  which  was  also  the  opinion  of  Woodson, 
whose  house  was  but  half  a  mile  distant,  and  of  Major  Sedg- 
wick,  of  the  United  States  dragoons,  who  hastened  to  the 
rescue  as  soon  as  he  heard  the  firing,  but  did  not  reach  the 
scene  of  action  until  the  assailants  had  retired.  Walker  also 
states  that  Titus  was  found  hid  under  the  floor  when  his  party 
surrendered. 

Nothing  could  exceed  the  consternation  that  prevailed  in 
Lecompton  during  this  engagement.  A  universal  stampede 
succeeded  the  firing  of  the  first  gun.  The  stoutest  and  most  noisy 
boasters  of  the  town  rushed  to  the  river,  some  on  foot  and 
others  on  horseback,  and  in  their  fright  and  hurry  jumped 
into  the  water  to  swim  across.  Governor  Shannon,  when 
Major  Sedgwick  arrived,  was  sought  for,  and  after  considerable 
difficulty  was  found  concealed  in  the  bushes  on  the  river  bank. 
He  was  prevailed  upon  to  accompany  the  dragoons  in  pursuit 
of  Walker,  and  after  proceeding  a  few  miles,  he  saw  him  and 
his  army  leisurely  crossing  the  prairies.  Major  Sedgwick 
asked  for  orders  to  make  an  attack  and  rescue  the  prisoners. 
But  the  governor,  looking  at  the  formidable  force  before  him, 
thought  it  better  not  to  venture  an  engagement,  and  gave 
orders  for  an  immediate  return  to  Lecomptou. 

He  thence  proceeded  to  the  house  of  General  George  W. 
Clarke,  a  short  distance  from  the  capital,  to  ascertain  whether 
that  had  also  suffered  damage.  He  found  that  the  general 
had  rapidly  fled  with  his  family,  not  taking  time  to  remove  an 
article  or  even  to  fasten  or  close  his  doors.  Ever  since  the 
murder  of  Barber,  Clarke  has  evinced  an  almost  painful  ner 
vousness.  He  is  exceedingly  restless,  and  terribly  alarmed  at 
the  slightest  appearance  of  danger.  Is  it  the  ghost  of  the 
murdered  man  haunting  the  guilty  soul  ?  His  house  was  for 
tified,  a  large  number  of  arms  collected  there,  and  guards 
stationed  during  the  nights.  He  was  in  everlasting  fear  of  an 


96  HISTORY  OF  KANSAS. 

attack  from  some  unknown  source.  On  one  occasion,  his  wife 
had  sent  for  a  party  of  neighbors  to  protect  them  from  snim.; 
imaginary  danger.  It  was  dark  when  they  arrived.  Clarke 
hearing  them  coming,  rushed  out  of  the  back  door  with  a 
loaded  gun,  fired  it  at  the  party,  and  lodged  its  contents  in 
the  leg  of  one  of  his  own  friends.  This  is  his  statement  of 
the  affair.  Others  assert  that  he  accidentally  wounded  his 
friend  in  an  attempt  to  shoot  a  free-state  man. 

Titus  had  been  one  of  the  most  active  of  the  assailants  in 
the  sacking  of  Lawrence.  On  that  occasion  he  rode  through 
the  town,  giving  his  orders  in  a  loud  voice,  and  urging  on  his 
men  to  the  work  of  destruction.  When  Walker  brought  him 
into  that  town,  a  wounded  prisoner,  he  compelled  Titus  to  sit 
up  in  the  wagon  and  look  around  him,  and  as  he  carried  him 
past  the  ruined  buildings,  would  stop  and  ask  him  to  contem 
plate  his  work.  At  length,  when  they  reached  the  spot  where 
the  hotel  had  stood,  Titus  was  informed  that  they  intended  to 
put  him  to  death,  when  no  man  ever  supplicated  more  pitifully 
to  be  spared.  After  being  sufficiently  tormented,  he  was  con 
veyed  to  a  place  of  confinement  and  attention  given  to  his 
wounds.  Captain  Shombre,  of  the  free -state  party,  was 
wounded  in  the  attack  upon  Titus,  and  died  on  the  evening  of 
the  17th  of  August. 

On  that  day,  it  being  Sunday,  Governor  Shannon,  Dr. 
Kodrique  and  Major  Sedgwick,  visited  Lawrence,  as  a  com 
mittee  from  Lecompton,  to  make  a  treaty;  when  the  terms 
submitted  to  must  have  been  most  humiliating  to  his  excel 
lency.  It  was  agreed  that  no  more  arrests  should  be  made  of 
free-state  people  under  the  territorial  laws;  that  five  free-state 
men  arrested  after  the  attack  on  Franklin  should  be  set  at 
liberty;  and  that  the  howitzer  taken  by  Jones  from  Lawrence, 
should  be  restored;  upon  which  degrading  conditions,  Titus 
and  his  band  were  released,  and  permitted  to  return  to  Le 
compton. 


SCALPING  OF  MR.   DOITE.  97 


CHAPTER  XVI. 

Atcnison  and  Stringfellow  call  on  Missourian?  for  assistance. — Mr.  Hojppe 
and  a  teamster  scalped. — A  German  murdered  at  Leavenwortb. — Out 
rages  upon  a  young  female. — Shannon  removed,  and  Woodson  acting- 
governor. — Atchison  concentrates  an  army  at  Little  Santa  Fe. — General 
L.  A.  Maclean  his  commissary. — He  robs  the  settlers  and  the  United 
States  mails. — Reid  attacks  Brown  at  Osawattomie,  who  retreats  and 
the  town  is  sacked  and  destroyed. — Murder  of  Frederick  Brown  and 
insanity  of  his  brother  John. — Lane  drives  Atchison  into  Missouri.— 
Outrages  at  the  Quaker  Mission. — Burning  of  free-state  houses. — Laae 
threatens  Lecompton. — Dead  bodies  found  and  buried. — Captain  Emory 
murders  Philips,  and  drives  free-state  residents  from  Leavenworth. 

INFORMATION  of  the  occurrences  related  in  the  foregoing 
chapter,  soon  reached  the  prominent  leaders  of  the  slavery 
faction,  who  lost  no  time  in  spreading  them  out  before  the 
people  of  Missouri,  with  any  amount  of  exaggeration.  On  the 
llith  of  August,  Atchison  and  Stringfellow  issued  a  circular 
at  West-port,  stating  that  Lane  had  entered  Kansas  at  the 
head  of  a  large  army,  had  taken  Lecompton,  conquered  the 
dragoons,  liberated  the  treason  prisoners,  and  committed  other 
great  and  daring  deeds;  and  concluding  by  calling  upon  the 
border  ruffians  for  men  and  arms  to  drive  the  invaders  from 
the  territory. 

On  the  17th,  a  shocking  affair  occurred  in  the  neighbor 
hood  of  Leavenworth.  Two  ruffians  sat  at  a  table  in  a  low 
groggery,  imbibing  potations  of  bad  whiskey.  One  of  them, 
named  Fugert,  belonging  to  Atchison's  band,  bet  his  compa 
nion  six  dollars  against  a  pair  of  boots,  that  he  would  go  out, 
and  in  less  than  two  hours  bring  in  the  scalp  of  an  abolitionist. 
He  went  into  the  road,  and  meeting  a  Mr.  Hoppe,  who  was  in 
his  carriage  just  returning  to  Leavenworth  from  a  visit  to 
Lawrence,  where  he  had  conveyed  his  wife,  Fugert  deliberately 
shot  him  5  then  taking  out  his  bowie-knife  whilst  his  victim 
was  still  alive,  he  cut  and  tore  off  the  scalp  from  his  quivering 
head.  Leaving  the  body  of  Hoppe  lying  in  the  road,  he 
elevated  his  bloody  trophy  upon  a  pole,  and  paraded  it  through 
the  streets  of  Leavenworth,  amid  the  shouts  of  the  "  law  and 
order"  militia,  and  the  plaudits  of  some  who  are  denominated 
the  noblest  specimens  of  "  southern  chivalry,"  and  regarded 
as  men  of  respectability.  On  the  same  day,  a  teamster,  who 
9  G 


98  HISTORY  OF  KANSAS. 

• 

was  approaching  Leavenworth,  was  murdered  and  scalped  by 
another  human  monster. 

A  poor  German,  when  the  scalp  of  Hoppe  was  brought  into 
Lcuvenworth,  was  imprudent  enough  to  express  his  horror  of 
the  shocking  deed,  when  he  was  ordered  to  run  for  his  life, 
in  attempting  which  a  number  of  bullets  sped  after  him,  and 
he  fell  dead  in  the  street.  The  pro-slavery  men  aided  Fugert 
to  escape  from  the  territory  by  sending  him  down  the  river, 
and  furnishing  him  with  money.  He  wore,  upon  his  depar 
ture,  the  boots  he  so  nobly  won. 

On  the  following  day,  a  young  lady  of  Bloomington  was 
dragged  from  her  home  by  a  party  of  merciless  wretches,  and 
carried  a  mile  or  more  into  the  country,  when  her  tongue  was 
pulled  as  far  as  possible  from  her  mouth  and  tied  with  a  cord. 
Her  arms  were  then  securely  pinioned,  and,  despite  her  vio 
lent  and  convulsive  struggles but  let  the  reader  imagine, 

if  possible,  the  savage  brutality  that  followed.  She  had  been 
guilty  of  the  terrible  offence  of  speaking  adversely  of  the  insti 
tution  of  slavery. 

August  2\st. — Governor  Shannon  receiving  official  notice 
of  his  removal,  Secretary  Woodson  took  charge  of  the  govern 
ment.  This  was  a  signal  for  great  rejoicing  among  the  pro- 
slavery  people.  Woodson  was  a  creature  of  their  own,  and 
they  felt  assured  that  they  would  now  be  endowed  with  legal 
authority  to  continue  the  acts  of  rapine  that  had  previously 
been  committed  without  the  shadow  of  law.  The  acting  go 
vernor  came  up  to  all  their  expectations.  He  forthwith  issued 
a  proclamation,  declaring  the  territory  in  a  state  of  rebellion 
and  insurrection,  and  called  for  help  from  Missouri,  to  drive 
out  and  exterminate  the  destroyers  of  the  public  peace.  Atchi- 
son  and  Stringfellow  soon  responded  to  this  call,  and  concen 
trated  an  army  of  eleven  hundred  men  at  Little  Santa  Fe,  on 
the  Missouri  border. 

General  L.  A.  Maclean,  chief  clerk  of  Surveyor-General 
Calhoun,  who  subsequently  served  as  adjutant-general  under 
Brigadier-General  Heiskell  in  the  contemplated  attack  upon 
Lawrence,  of  September  1856,  was  the  commissary  of  this 
invading  army.  He  delights  to  boast  of  the  skilful  manner 
in  which  he  performed  his  duties. 

In  the  office  of  Governor  Geary,  on  the  morning  of  February 
24th,  1857,  Maclean,  who  was  disposed  at  certain  times  to  be 
loquacious,  was  in  one  of  his  vaporing  moods,  and  the  gover 
nor's  private  secretary,  who  appeared  to  be  pursuing  his  usual 


COMMISSARY  MACLEAN.  99 

avocation,  took  notes  of  a  conversation,  of  which  the  following 
is  a  part : — 

MACLEAN. — I  was  lying  in  my  tent,  one  night,  on  the 
broad  of  my  back,  smoking  my  pipe,  and  enjoying  myself 
over  a  bottle  of  good  whiskey,  when  Generals  Reid  and 
iStrickler,  and  several  other  officers,  entered,  apparently  in 
great  distress.  They  said  they  had  over  a  thousand  men  to 

feed,  and  not  a  d d  ounce  of  rations  for  the  next  day.  After 

much  talk,  I  consented  to  act  as  commissary.  They  wanted 
me  to  get  up  and  go  to  work,  but  I  kept  my  place,  as  though 
utterly  unconcerned,  and  continued  to  whiff  away  at  my  pipe; 
telling  them  that  the  rations  would  all  be  ready  at  an  ap 
pointed  hour  in  the  morning.  They  didn't  know  what  to 
make  of  my  coolness — thought  I  was  either  drunk  or  crazy, 
and  went  off  somewhat  disappointed  and  evidently  vexed. 

Gov.  GEARY. — Well,  were  the  rations  ready? 

MACLEAN. — Yes,  by  G-d !  Ready  that  morning,  and 
every  other,  so  long  as  we  were  in  canip,  about  two  weeks. 

GOVERNOR. — But  how  did  you  manage  it? 

MACLEAN. — That  was  d d  easy.  I  was  up  before  day 
light  ;  got  out  a  number  of  wagons,  and  started  parties  in 
every  direction,  with  orders  to  go  to  the  stores  and  dwellings, 
get  all  the  provisions  they  could  find,  and  drive  in  all  the 
cattle;  and  they  returned  with  a  pretty  generous  supply. 

GOVERNOR. — How  did  you  raise  the  funds  to  pay  for  aU 
this? 

MACLEAN. — Funds !  by  G-d.  we  didn't  pay  a  d d  cent  I 

We  "pressed"  it  all !  In  these  expeditions,  which  were  con 
tinued  every  day,  we  got  some  useful  information,  too.  We 
seized  the  mails  going  to  and  from  Osawattoniie,  and  more 
than  a  half  bushel  of  letters  fell  into  my  hands,  in  examining 
which,  I  found  many  of  them  directed  to.  and  others  written 
by,  some  of  the  most  wealthy  and  influential  citizens  of  Bos 
ton  and  other  parts  of  the  northern  and  eastern  states. 

Maclean  is  a  Scotchman,  and  has  been  but  a  short  time  in 
America.  He  is  over  six  feet  high,  and  propurtionably  stout; 
is  the  constant  companion  of  Sheriff  Jones,  General  Clarke, 
and  others  of  that  class,  and  is  among  the  most  prominent  of 
the  Kansas  mischief-makers.  He  may  always  be  found  in  the 
Lecompton  post-office,  at  the  opening  and  closing  of  the  mails, 
and  generally  manages  to  acquaint  himself  with  their  coiuents, 
for  the  benefit  of  his  party.  He  makes  inflammatory  speeches 
at  pro-slavery  meetings;  is  extremely  violent  in  denunciations 


100  HISTORY  OF  KANSAS. 

of  free-state  men ;  always  urging  others  to  unlawful  and 
atrocious  acts ;  but  never  venturing  to  place  his  own  person 
in  the  place  of  danger. 

A  detachment  of  Atchison's  army,  under  General  Reid, 
numbering  about  three  hundred  men,  with  one  piece  of  artil 
lery,  attacked  Osawattomie  on  the  30th  of  August.  Brown 
was  in  command  at  the  time,  and,  having  only  between  thirty 
and  forty  men,  he  retreated  to  the  timber  on  the  river  or 
creek  known  as  the  Marais  Des  Cygnes.  The  battle  which 
ensued  lasted  about  three  hours,  Brown  having  a  decided  ad 
vantage.  He  was  overpowered,  however,  by  superior  num 
bers  and  driven  to  the  river,  in  crossing  which  he  suffered 
eome  loss  from  the  enemy.  Two  free-state  men  were  killed 
in  this  fight ;  but  the  loss  of  the  other  party  was  much  greater, 
though  its  precise  amount  has  never  been  ascertained.  It  has 
been  stated  that  more  than  thirty  men  were  killed  and  as 
many  wounded,  but  this  is  probably  an  exaggeration.  It  was 
the  most  disastrous  battle  during  the  Kansas  war. 

After  the  retreat  of  Brown,  Reid's  forces  burned  some 
twenty  or  thirty  houses,  robbed  the  post-office  and  stores,  took 
possession  of  all  the  horses,  cattle  and  wagons  in  the  town, 
and  committed  many  other  depredations.  They  found  a  man 
named  Garrison  concealed  in  the  woods,  whom  they  killed, 
and  wounded  another  by  the  name  of  Gutter,  whom  they  sup- 
pi  sed  to  be  dead,  but  who  has  since  recovered.  A  Mr.  Wil 
liams,  a  pro-slavery  man,  was  murdered  by  them  in  mistake. 

Early  in  the  morning,  about  (5  o'clock,  of  the  same  day, 
Frederick  Brown,  a  half-witted  young  man,  and  gon  of  old 
Captain  Brown,  was  killed  in  the  road  near  his  father's  house, 
by  Martin  White,  a  member  from  Lykens  county  of  the  Kan 
sas  Legislature,  and  formerly  a  clergyman.  White's  own  ac 
count  .of  this  transaction,  is,  that  sometime  previous,  Captain 
Brown  had  stolen  some  of  his  horses,  and  on  the  morning  of 
his  death,  Frederick  was  seen  by  him,  riding  one  of  these 
stolen  horses  and  leading  another;  that  he  ordered  young 
Brown  not  to  approach  or  he  would  shoot  him.  This  warning 
was  unheeded,  but  Brown  came  on,  apparently  feeling  in  his 
breast  for  a  weapon,  when  he,  White,  raised  his  gun,  fired, 
and  shot  him. 

Captain  John  Brown,  Jr.,  is  a  maniac  in  consequence  of 
the  cruel  treatment  he  received  while  a  prisoner  of  Pate. 
His  arms  were  so  firmly  bound  with  cords  as  to  cut  into  the 
flesh,  in  which  couditini  he  was  compelled  to  travel  iu  front 


ATCIIISOX  RETaEATS*  •  101 


of  the  horses  for  a  number  of 

often  forced  to  run  to  keep  frote  urictaf  nhfc  horses'  Ie6t.'  'He 

was  also  kept  without  food  and  water.     During  these  suffer 

ings  and  privations,  his  reason  forsook  him  and  has  never  been 

restored. 

On  the  same  day  of  the  battle  at  Osawattomie,  Lane,  with 
about  three  hundred  men,  marched  in  pursuit  of  Atchison, 
who  was  encamped  with  the  main  body  of  his  army  on  Bull 
Creek.  Atchison  would  not  stop  to  fight,  but  retreated  into 
Missouri,  and  Lane  on  the  following  day  returned  to  Law 
rence. 

Whilst  these  things  were  occurring,  a  party  of  pro-slavery 
men  entered  the  Quaker  Mission,  on  the  Lawrence  road,  near 
Westport,  plundered  it  of  everything  worth  carrying  away, 
and  brutally  treated  the  occupants.  At  the  same  time,  Wood- 
son's  "  territorial  militia  "  were  amusing  themselves  by  burn 
ing  the  houses  of  the  free-state  settlers  between  Lecompfon 
and  Lawrence.  Seven  buildings  were  destroyed,  a  1110112:  which 
were  the  dwellings  of  Captain  Walker  and  Judge  Wakefield 
The  deputy  marshal,  Cramer,  whose  features  are  almost  as  hard 
as  his  heart,  was  one  of  the  most  active  of  these  incendiaries. 

Because  of  these  outrages,  and  the  seizure  of  some  free- 
state  prisoners,  Lane,  with  a  large  force,  proceeded  to  Lecomp- 
ton,  on  September  4th,  and  before  any  intimation  was  received 
by  the  citizens,  his  cannon  were  frowning  upon  their  houses 
from  the  summit  of  Court  House  Hill.  General  Richardson, 
who  was  in  command  of  the  pro-slavery  forces,  refused  to  de 
fend  the  town,  having  no  confidence  in  the  courage  of  the  in 
habitants*,  who  were  flyiug  in  all  directions,  in  confusion  and 
alarm,  and  he  therefore  resigned  his  commission.  General 
Marshall  being  next  in  command,  held  a  parley  with  Lane, 
who  demanded  the  liberation  of  the  free-state  prisoners.  This 
was  agreed  to.  Lane  returned  to  Lawrence,  and  the  next 
day,  the  prisoners  came  down  with  an  escort  of  United  States 
dragoons. 

At  Leavenworth  and  vicinity,  outrages  had  been  renewed, 
and  were  being  committed,  if  possible,  with  increased  fero 
city.  As  Governor  Shannon  afterward  remarked,  "  the  roads 
were  literally  strewn  with  dead  bodies."  A  United  States 
officer  discovered  a  number  of  slaughtered  men,  thirteen,  it  is 
stated,  lying  uuburied,  who  had  been  seized  and  brained,  some 
of  them  being  shot  in  the  forehead,  and  others  down  through 
9* 


102  WISTOKY  OF  KANSAS. 

the  top  of  the  skull,  whilst  some  were  cut  with  hatchets  and 
their  bodies  shockingly  arid  disgustingly  mutilated. 

On  the  first  of  September,  Captain  Frederick  Emory,  a 
United  States  Mail  Contractor,  rendered  himself  conspicuous 
in  Leavenworth,  at  the  head  of  a  band  of  ruffians,  mostly  from 
western  Missouri.  They  entered  houses,  stores,  and  dwell 
ings  of  free-state  people,  and,  in  the  name  of  "  law  and  or 
der,"  abused  and  robbed  the  occupants,  and  drove  them  out 
into  the  roads,  irrespective  of  age,  sex  or  condition.  Under 
pretence  of  searching  for  arms,  they  approached  the  house  of 
William  Phillips,  the  lawyer  who  had  previously  been  tarred 
and  feathered  and  carried  to  Missouri.  Phillips,  supposing  he 
was  to  be  subjected  to  a  similar  outrage,  and  resolved  not  to 
submit  to  the  indignity,  stood  upon  his  defence.  In  repelling 
the  assaults  of  the  mob,  he  killed  two  of  them,  when  the 
others  burst  into  the  house,  and  poured  a  volley  of  balls  into 
hi;-  body,  killing  him  instantly  in  the  presence  of  his  wife  and 
another  lady.  His  brother,  who  was  also  present,  had  an  arm 
badly  broken  with  bullets,  and  was  compelled  to  submit  to  an 
amputation.  Fifty  of  the  free-state  prisoners  were  then  driven 
on  board  the  Polar  Star,  bound  for  St.  Louis.  On  the  next 
day  a  hundred  more  were  embarked  by  Emory  and  his  men, 
on  the  steamboat  Emma.  During  these  proceedings,  an  elec 
tion  was  held  for  Mayor,  and  William  E.  Murphy,  since  ap 
pointed  Indian  agent  by  the  President,  was  elected  "  without 
opposition." 

At  this  time  civil  war  raged  in  all  the  populous  districts. 
Women  and  children  had  fled  from  the  territory.  The  roads 
were  impassable.  No  man's  life  was  safe,  and  every  person, 
when  he  lay  down  to  rest  at  night,  bolted  and  barred  his 
doors,  and  fell  asleep  grasping  firmly  his  pistol,  gun  or  knife. 


APPOINTMENT  OF  GOV.  GEARY.  103 


CHAPTER  XVII. 

Appointment  of  Governor  Geary. — His  departure  for  Kansas. — Arrival  nt 
Jefferson  City. — Interviews  with  Governor  Price. — Removal  of  obstruc 
tions  on  the  Missouri  River. — Departure  on  steamboat  Keystone. — 
Scenes  at  Glasgow. — Captain  Jackson's  Missouri  volunteers. — What 
Reeder  did. — Arrival  at  Kansas  City. — Description  of  Border  Ruffians. — 
Who  comprise  the  Abolitionists. — Appearance  and  condition  of  Leaven- 
worth  City. 

COL.  JOHN  W.  GEARY,  of  Westmoreland  county,  Pennsyl 
vania,  received  information  of  his  appointment  as  Governor  of 
Kansas  in  the  latter  part  of  July,  1856,  and  in  a  few  days 
after,  was  confirmed,  without  the  usual  reference  to  a  com 
mittee,  by  a  unanimous  vote  of  the  Senate.  He  immediately 
hastened  to  Washington  City,  to  receive  instructions  and  make 
the  necessary  arrangements,  and  early  in  September  proceeded 
to  take  charge  of  the  office  to  which  he  had  been  chosen.  He 
reached  Jefferson  City,  Mo.,  on  the  5th  of  that  month,  and 
passed  the  greater  portion  of  the  6th,  in  consultation  with 
Governor  Sterling  Price,  in  relation  to  the  policy  he  was 
about  to  adopt  and  the  means  he  purposed  to  employ  to  restore 
tranquillity  and  peace  to  the  territory.  Gov.  Price  coincided 
in  his  opinions,  heartily  approved  the  indicated  course,  and 
promised  such  assistance  as  might  be  desired  and  he  had  the 
power  to  render.  From  these  considerations  and  mutual 
understandings,  measures  were  adopted,  and  successfully  car 
ried  out,  to  remove  the  obstructions,  that  until  this  time 
existed,  against  the  free-state  emigrants  passing  up  the  Mis 
souri  River  on  their  way  to  Kansas.  In  no  instance  were  the 
emigrants  subsequently  interfered  with  upon  the  steamboats  on 
the  river. 

On  the  night  of  Sept.  6th,  accompanied  by  his  private  secre 
tary,  and  several  friends,  Governor  Geary  took  passage  on  the 
steam  packet  Keystone,  for  Fort  Leaven  worth,  and  about  noou 
of  the  7th,  it  being  Sunday,  arrived  at  Glasgow  in  Missouri. 
On  approaching  this  town,  a  most  stirring  scene  was  presented. 
The  entire  population  of  the  city  and  surrounding  neighbor 
hood  was  assembled  upon  the  high  bank  overlooking  the 
river,  and  all  appeared  to  be  laboring  under  a  state  of  extraor 
dinary  excitement.  Whites  and  blacks, — men,  women,  and 
children,  of  all  ages,  were  crowded  together  in  one  confused 


104  HISTORY  OP  KANSAS. 

mass,  or  hurrying  hither  and  yon,  as  though  some  terrible 
eveut  was  about  to  transpire.  A  large  brass  field-piece  was 
mounted  in  a  prominent  position,  and  ever  and  anon  belched 
forth  a  fiery  flame  and  deafened  the  ear  with  its  thundering 
warlike  sounds.  When  the  Keystone  touched  the  landing  a 
party  of  about  sixty,  comprising  Captain  Jackson's  company 
of  Missouri  volunteers  for  the  Kansas  militia,  descended  the 
hill,  dragging  their  cannon  with  them,  and  ranged  themselves 
along  the  shore ;  the  captain,  after  numerous  attempts,  failing  to 
get  them  into  what  might  properly  be  termed  a  line.  He  got 
them  into  as  good  a  military  position  as  possible,  by  backing 
them  up  against  the  foot  of  the  hill.  They  were  as  raw  ami 
undisciplined  a  set  of  recruits  as  ever  shouldered  arms.  Their 
ages  varied,  through  every  gradation,  from  the  smooth-faced 
half-grown  boy  to  the  grey-bearded  old  man ;  whilst  their 
dresses,  which  differed  as  much  as  their  ages,  gave  unmistak 
able  evidences,  that  they  belonged  to  any  class  of  society, 
excepting  that  usually  termed  respectable.  Each  one  carried 
some  description  of  fire-arm,  not  two  of  which  were  alike. 
There  were  muskets,  carbines,  rifles,  shot-guns,  and  pistols  of 
every  size,  quality,  shape  and  style.  Some  of  them  were  in 
good  condition,  but  others  were  never  intended  for  use,  and 
still  others  unfit  to  shoot  robins  or  tomtits.  It  would  have 
been  an  afflictive  sight  to  witness  the  numerous  friends  of  this 
patriotic  band,  shaking  them  affectionately  by  the  hand  and 
pronouncing  their  blessings  and  benedictions,  had  they  been 
enlisted  in  their  country's  cause,  to  repel  invasion,  or  battle 
with  a  foreign  foe;  but  knowing  the  character  of  their  enter 
prise,  the  feeling  inspired  was  anything  but  one  of  admiration 
or  even  sympathy. 

While  these  parting  ceremonies  were  being  performed,  a 
steamboat,  bound  down  the  river,  and  directly  from  Kansas, 
came  alongside  the  Keystone.  Ex-governor  Shannon  was  a 
passenger,  who,  upon  learning  the  close  proximity  of  Governor 
Greary,  sought  an  immediate  interview  with  him.  The  ex- 
governor  was  greatly  agitated.  He  had  fled  in  haste  and 
terror  from  the  territory,  and  seemed  still  to  be  laboring  under 
an  apprehension  for  his  personal  safety.  His  description  of 
Kansas  was  suggestive  of  everything  that  is  frightful  and 
horrible.  Its  condition  was  deplorable  in  the  extreme.  The 
whole  territory  was  in  a  state  of  insurrection,  and  a  destructive 
civil  war  was  devastating  the  country.  Murder  ran  rampant, 
and  the  roads  were  everywhere  strewn  with  the  bodies  of 


KANSAS  VOLUNTEERS.  105 

slaughtered  men.  No  language  can  exaggerate  the  awfu! 
picture  that  was  drawn;  and  a  man  of  less  nerve  than  Governor 
Geary,  believing  it  not  too  highly  colored,  would  instantly 
have  taken  the  backward  track,  rather  than  rush  upon  the 
dangers  so  eloquently  and  fearfully  portrayed. 

During  this  interview,  Captain  Jackson  embarked  his  com 
pany,  cannon,  wagons,  arms  and  ammunition  on  board  the 
Keystone,  and  soon  after,  she  was  again  on  her  way.  Oppor 
tunities  now  occurred  for  conversation  with  the  volunteers. 
Very  few  of  them  had  any  definite  idea  of  the  nature  of  the 
enterprise  in  which  they  had  embarked.  The  most  they 
seemed  to  understand  about  the  matter,  was,  that  they  were 
to  receive  so  much  per  diem  for  going  to  Kansas  to  hunt  and 
kill  abolitionists.  What  this  latter  word  meant  they  could  not 
clearly  define.  They  had  been  informed  that  abolitionists 
were  enemies  to*  Missourians,  some  of  whom  had  been  killed, 
and  they  were  hired  to  revenge  their  deaths.  More  than  thfe 
they  neither  knew  nor  cared  to  know.  A  vague  notion  pre 
vailed  among  them,  that  whatever  an  abolitionist  was,  it  was  a 
virtue  to  kill  him  and  take  possession  of  his  property.  They 
seemed  to  apprehend  no  danger  to  themselves,  as  they  had 
been  told  the  abolitionists  would  not  fight;  but  being  overawed 
by  the  numbers  and  warlike  appearance  of  their  adversaries, 
would  escape  as  rapidly  as  possible  out  of  the  territory,  leaving 
behind  them  any  quantity  of  land,  horses,  clothing,  anus, 
goods  and  chattels,  all  of  which  was  to  be  divided  among  the 
victors.  They  crowded  around  Governor  Geary,  wherever  he 
might  chance  to  be,  eager  to  ask  questions,  volunteer  advice, 
and  ascertain  satisfactorily,  whether,  in  their  own  chaste  phrase, 
he  was  "  sound  on  the  goose."  One,  more  importunate  than 
the  rest,  and  who  was  a  sort  of  spokesman  for  his  companions, 
having  made  sundry  efforts  to  receive  convincing  proofs  of  the 
latter  named  fact,  very  knowingly  remarked,  after  putting  an 
unusually  large  plug  of  tobacco  into  his  mouth,  and  winking 
to  those  around  him,  as  though  he  would  say,  "I'll  catch  him 
now;  just  listen!" — 

"  Wall,  govner,  as  yer  gwoin  to  Kanzies  to  be  govner,  I 
hope  ye'll  not  do  what  Reeder  done." 

The  governor  very  quietly  asked,  "What  was  it  that 
Reeder  did  ?" 

This  was  a  poser. 

"  Whoy,"  said  the  inquisitor,  breathing  less  freely,  and 
shifting  the  plug  of  tobacco  to  the  opposite  side  of  his  huge 


106  HISTORY  OF  KANSAS. 

jaws,  as  if  to  awaken  a  new  thought, — "whoy,  Reeder,  you 
see — Reeder,  he — wall,  Reeder,  then  Reeder,  he  didn't  do 
nothin!" 

"  In  that  case,"  answered  the  governor,  "  I'll  endeavor  not 
to  do  as  Reeder  did  I" 

This  answer  was  perfectly  clear  and  satisfactory.  The  go 
vernor  was  a  sound,"  and  the  inquisitorial  party  adjourned  to 
the  bar  to  drink  the  health  of  the  new  governor,  who  was  all 
right,  as  he  didn't  intend  to  do  as  Reeder  had  done. 

Active  preparations  for  war  were  discernible  at  all  the  river 
towns.  At  Lexington,  a  large  crowd  was  assembled  on  the 
levee,  many  of  the  persons  composing  it  loaded  with  arms. 
But  at  Kansas  City,  the  warlike  demonstrations  were  still 
greater.  This  town  is  on  the  southern  side  of  the  mouth  of 
the  Kansas  River,  which,  at  this  point,  separates  Missouri 
from  the  territory  of  Kansas.  It  is  situated  about  five  miles 
from  Westport,  near  the  eastern  boundary  of  Kansas,  where 
the  Missouri  army  was  concentrating,  preparatory  to  an  inva 
sion  of  the  territory.  Both  of  these  towns  have  become  noto 
rious  as  places  of  refuge  for  the  most  desperate  characters, 
whose  almost  nameless  crimes  have  blackened  the  annals  of 
Kansas,  and  as  being  the  resorts  of  numerous  combinations 
which  have  been  congregated  to  plot  against  its  peace.  In  a 
word,  they  are  the  strongholds  of  the  worst  of  the  "  Border 
Ruffians." 

Let  it  not  be  understood  that  this  latter  term  is  considered 
by  those  to  whom  it  is  applied  as  one  of  reproach.  On  the 
contrary,  they  boast  of  it,  are  proud  of  it,  glory  in  it,  and  do 
all  in  their  power  to  merit  it;  and  very  many  of  them  have 
been  eminently  successful.  In  their  manner,  they  assume  the 
character  of  the  ruffian;  in  their  dress,  they  exhibit  the  ap 
pearance  of  the  ruffian;  and  in  their  conversation  they  labor  to 
convey  the  impression  that  they  are  ruffians  indeed.  They 
imitate  and  resemble  the  guerillas,  ladroues  or  greasers  of 
Mexico;  the  brigands  of  Spain  or  Italy;  or  the  pirates,  rob 
bers  and  murderers  of  the  theatre. 

On  the  levee  at  Kansas  City  stood  a  sort  of  omnibus  or  wa 
gon,  used  to  convey  passengers  to  and  from  Westport,  upon 
either  side  of  which  was  painted  in  flaming  capitals  the  words 
"  BORDER  RUFFIAN."  Standing  about  in  groups,  or  running 
in  every  direction,  were  numbers  of  the  men  who  claim  for 
themselves  that  gentle  appellation.  A  description  of  one  of 
these  will  give  the  reader  some  idea  of  their  general  charac  • 


THE  BORDER  RUFFIAN.  107 

teristics.  Imagine  a  man  standing  in  a  pair  of  long  boots, 
covered  with  dust  and  mud  and  drawn  over  his  trousers,  the 
latter  made  of  coarse,  fancy-colored  cloth,  well  soiled;  the 
handle  of  a  large  bowie-knii'e  projecting  from  one  or  both  boot- 
tops  ;  a  leathern  belt  buckled  around  his  waist,  on  each  side 
of  which  is  fastened  a  large  revolver;  a  red  or  blue  shirt,  with 
a  heart,  anchor,  eagle  or  some  other  favorite  device  braided  on 
the  breast  and  back,  over  which  is  swung  a  rifle  or  carbine;  a 
sword  dangling  by  his  side ;  an  old  slouched  hat,  with  a  cock 
ade  or  brass  star  on  the  front  or  side,  and  a  chicken,  goose  or 
turkey  feather  sticking  in  the  top ;  hair  uncut  and  uncombed, 
covering  his  neck  and  shoulders;  an  unshaved  face  and  un 
washed  hands.  Imagine  such  a  picture  of  humanity,  who  can 
swear  any  given  number  of  oaths  in  any  specified  time,  drink 
any  quantity  of  bad  whiskey  without  getting  drunk,  and  boast 
of  having  stolen  a  half  dozen  horses  and  killed  one  or  more 
abolitionists,  and  you  will  have  a  pretty  fair  conception  of  a/ 
border  ruffian,  as  he  appears  in  Missouri  and  in  Kansas.  He 
has,  however,  the  happy  faculty  of  assuming  a  very  different 
aspect.  Like  other  animals,  he  can  shed  his  coat  and  change 
his  colors.  In  the  city  of  Washington,  he  is  quite  another 
person.  You  will  see  him  in  the  corridors  of  the  first-class 
hotels — upon  Pennsylvania  avenue — in  the  rotunda  of  the 
capitol,  or  the  spacious  halls  of  the  White  House,  dressed  in 
the  finest  broad  cloths  and  in  the  extreme  of  fashion  ;  his 
hair  trimmed,  his  face  smoothed  and  his  hands  cleansed;  his 
manner  gentle,  kind  and  courteous ;  his  whole  deportment 
that  of  innocence,  and  his  speech  so  smooth,  studied  and  oily 
as  to  convince  even  the  sagacious  President  himself  that  he  is 
a  veritable  and  a  polished  gentleman,  and  obtain  from  the  wise 
heads  that  form  the  cabinet  the  most  important  posts  of  trust, 
honor  and  emolument  in  the  gift  of  the  nation. 

The  Keystone  no  sooner  touched  the  shore  at  Kansas  City, 
than  she  was  boarded  by  a  half  dozen  or  more  of  the  leading 
ruffians,  who  dashed  through  the  cabins  and  over  the  decks, 
inspecting  the  passengers  and  the  state-rooms  to  satisfy  them 
selves  that  no  abolitionists  were  on  board.  And  here  let  it  be 
distinctly  observed  that  an  abolitionist,  in  border-mfiiau  par 
lance,  is  not  simply  a  man  opposed  to  the  extension  of  slavery, 
or  who  favors  its  abolishment  from  the  states  ;  but  every  per 
son  born  in  a  free  state,  who  is  unwilling  to  give  indubitable 
evidences  that  he  will  do  all  in  his  power  to  assist  in  making 
Kansas  a  slave  state,  by  means  either  fair  or  foul,  at  any  sacri- 


108  HISTORY  OF  KANSAS.  f 

fice  and  at  every  hazard.  It  is  of  little  consequence  what  have 
been  and  still  are  his  political  predilections  on  every  great  na 
tional  question.  He  must  know  but  one  issue — that  issue, 
slavery — or  be  branded,  in  the  language  of  a  resolution  unani 
mously  passed  by  the  Legislative  Assembly,  as  an  "ally  of 
abolitionism."  It  will  not  do  to  assume  a  neutral  ground j  it 
is  not  sufficient  to  asseverate  that  you  will  give  your  influence 
to  the  cause  of  slavery.  All  this  may  be  done,  and  you  will 
be  regarded  with  suspicion  and  treated  as  an  enemy.  More 
substantial  proof  of  being  u  sound  on  the  gou-c  "  is  demanded. 
You  must  join  the  "  Blue  Lodges" — take  their  solemn  oaths 
— bind  yourself  to  murder  any  man  who  is  opposed  to  making 
Kansas  a  slave  state,  and  invoke  upon  yourself  their  horrible 
penalties  in  case  of  failure.  You  must  steep  your  hands  in 
crime  deeper  than  the  most  rabid  of  the  fire-eaters  of  the 
south.  You  must  place  yourself  utterly  in  their  power,  so 
that  you  dare  not  quail,  or  hesitate,  or  fail  to  do  their  bidding. 
You  must  become  yourself  a  slave,  bound  by  stronger  bonds 
than  any  that  holds  in  servitude  the  veriest  negro  wretch — 
else  you  are  an  abolitionist.  And  there  are  men  in  Kansas, 
who,  though  born  in  free  states,  are  sold,  body  arid  soul,  to 
the  slave  interest ;  men  who  have  taken  the  oaths  of  the  Blue 
Lodges — who  boast,  to  prove  themselves  "  sound,"  of  the 
number  of  crimes  they  have  committed;  the  horses  they  have 
stolen  ;  the  women  they  have  outraged ;  the  houses  they  have 
robbed;  the  murders  they  have  done: — men,  in  fact,  who 
have  become  so  deeply  steeped  in  infamy  that  they  dare  not 
now  stop,  even  should  they  never  so  much  desire ;  but  who 
find  themselves  precisely  in  the  condition  of  Macbeth,  when 
he  exclaimed 

"I  am  in  blood, 

Stept  in  so  far,  that,  should  I  wade  no  more, 
Returning  were  as  tedious  as  go  o'er." 

The  abolitionists  of  Kansas  are  all  northern-born  men,  who 
will  not  thus  prostitute,  degrade  and  destroy  themselves  in 
support  of  the  slave  power ;  but  who  have  the  honesty  and 
independence  to  be  free,  and  to  maintain  their  freedom. 

The  Keystone  remained  at  Kansas  City  only  long  enough 
for  Captain  Jackson  to  land  his  company  with  its  parapherna 
lia  of  war,  and  to  undergo  a  thorough  inspection  of  the  bor 
der  ruffian  inquisitors,  when  she  proceeded  up  the  river  for 
Fort  Leaveuworth.  She  left  Kansas  City  late  on  the  evening 


ARRIVAL  AT  FORT  LEAVEN  WORTH.  109 

of  the  8th,  and  soon  after  day-break  of  the  9th,  reached  the 
landing  at  Leavenworth  City,  three  miles  below  the  fort. 
Here  was  given  another  exhibition  of  the  wretched  condition 
of  the  country  and  deplorable  spirit  of  the  times.  In  front 
of  the  grog-shops,  and  these  comprised  nearly  every  house  on 
the  river  front;  on  piles  of  wood,  lumber  and  stone;  upon 
the  heads  of  whiskey  barrels ;  at  the  corners  of  the  streets ; 
and  upon  the  river  bank, — lounged,  strolled,  and  idled,  singly 
or  in  squads,  men  and  boys  clad  in  the  ruffian  attire,  giving 
sure  indication  that  no  useful  occupation  was  being  pursued, 
and  that  vice,  confusion  and  anarchy,  had  undivided  and  un 
disputed  possession  of  the  town.  Armed  horsemen  were 
dashing  about  in  every  direction,  the  horses'  feet  striking  fire 
from  the  stones  beneath,  and  the  sabres  of  the  riders  rattling 
by  their  sides.  The  drum  and  fife  disturbed  the  stillness  of 
the  morning,  and  volunteer  companies  were  on  parade  and 
drill,  with  all  the  habiliments  and  panoply  of  war.  The  UHVUJ 
was  evidently  under  a  complete  military  rule,  and  on  every 
side  were  visible  indications  of  a  destructive  civil  strife.  The 
whole  scene  was  calculated  to  excite  feelings  of  commisera 
tion,  if  not  disgust  for  the  parties,  who,  actuated  by  pride, 
avarice,  or  other  even  worse  passions,  should  sufier  themselves 
to  sink  so  low  in  the  scale  of  humanity,  as  to  become  entirely 
unmindful  of  all  that  elevates  and  dignifies  the  character  of 
man. 
I 


CHAPTER  XVIII 

Arrival  at  Fort  Leavenworth. — General  P.  F.  Smith. — Free-state  men 
driven  from  Leavenworth  City. — Pressed  horses. — John  D.  Hender 
son. — Violation  of  United  States  safeguard. — Arrest  of  Captain  Emory. — 
Character  of  his  company. — Governor  Geary's  letter  to  Col.  Clarkson. — • 
Kev.  Mr.  Nute.— District  Attorney  Isacks. 

THE  governor  and  his  party  landed  at  8  o'clock  on  the  morn 
ing  of  September  9th  at  Fort  Leavenworth,  where  they  were 
cordially  received  and  hospitably  entertained  by  Gen.  Smith. 
The  general  was  very  feeble  in  health,  and  confined  to  his 
quarters.  Many  free-st^te  people,  who  had  been  threatened 
with  personal  violence  and  driven  from  their  homes  in  Leaven- 
worth  City,  had  taken  refuge  within  the  enclosures  of  the  fort, 


110  HISTORY  OP  KANSAS. 

and  were  seated  on  the  grass  plots  or  strolling  about  tho 
grounds.  A  handbill  was  posted  in  sundry  places  ordering 
them  to  leave  the  premises  on  the  following  day. 

Several  of  these  persons  directed  the  writer's  attention  to 
four  horsemen  who  were  passing  in  front  of  the  general's  quar 
ters,  and  asserted  that  the  horses  were  their  own  property  and 
stolen  by  the  riders.  The  leader  of  the  mounted  party  was 
John  D.  Henderson,  editor  and  proprietor  of  the  Lcavenwortk 
Journal,  and  a  rabid  pro-slavery  man. 

"  Captain,"  said  a  gentleman  who  had  heard  the  story  of  the 
refugees,  and  addressing  Henderson,  "that  is  a  fine  horse  you 
are  riding." 

"  Yes,"  was  the  reply.  "  He  is  a  splendid  animal.  He  is 
&  preyed  horse.  All  these  horses  are  pressed." 

"  Pressed  !     What  does  that  mean '(" 

"  Oh,  pressed  into  the  service." 

"In  other  words,  I  suppose  you  mean  the  horses  are  stolen. 
Who  are  the  owners  ?" 

"  Why,  those  d d  abolitionists  over  there.  We  don't 

call  it  stealing  to  take  possession  of  their  property." 

This  man  Henderson  is  by  birth  a  Penusylvanian ;  but 
having  affiliated  with  the  Kansas  pro-slavery  party,  and  con 
nected  himself  with  the  Blue  Lodges,  was  among  those  north 
ern  born  men  who  were  compelled  to  do  extraordinary  things, 
and  even  boast  of  those  still  more  remarkable  which  they  had 
not  courage  to  perform,  in  order  to  give  satisfactory  assurance 
of  their  entire  soundness  on  the  "goose."  Hence  "Jack," 
as  his  associates  call  him,  delights  to  tell  of  his  valiant  deeds 
in  pressing  horses,  burning  houses,  and  killing  abolitionists  j 
and  his  course  has  been  so  thoroughly  approved  that  he  has 
been  elevated  to  the  dignified  position  of  chairman  of  the  cen 
tral  committee  of  the  pro-slavery,  misnamed  the  "  National 
Democratic  Party  of  Kansas." 

A  few  hours  after  the  arrival  of  Governor  Geary  at  Fort 
Leavenworth,  a  sergeant  belonging  to  the  United  States  troops 
entered  the  general's  quarters  with  a  serious  complaint  against 
certain  of  the  men  who  claimed  to  be  the  militia,  or  "  law  and 
order"  party  of  the  territory.  He  had  been  appointed  a  safe- 
(jinird  to  escort  Samuel  Sutherland,  E.  B.  Whitman,  and 
Abraham  Wilder  along  the  public  highway  to  Fort  Leaven- 
worth,  and  when  within  a  few  miles. of  that  place  a  party  of 
armed  men  belonging  to  Captain  Frederick  Emory's  company 
stopped  him  ou  the  road,  and  violated  the  safeguard,  by  forcibly 


CAPTAIN  EMORY. 

taking  from  him  the  three  men  named,  whom  they 
prisoners,  with  their  horses,  wagons,  and  othei  property 
Leavenworth  City. 

General  Smith  expressed  liimself  with  considerable  warmth 
against  this  outrage,  appeared  anxious  to  bring  the  offenders 
to  punishment,  and  readily  granted  a  requisition  from  Governor 
Geary  for  a  detachment  of  United  States  troops  to  proceed  at 
once  to  Leavenworth  City  and  arrest  Emory  and  his  company, 
and  rescue  the  three  men  they  had  imprisoned. 

This  detachment  was  forthwith  dispatched,  and  in  a  few 
hours  returned  to  the  fort  with  the  tree-state  prisoners  and 
Emory  and  his  company,  numbering  twenty  men.  Upon  ap 
pearing  before  General  Smith,  Emory  produced  James  With- 
row,  George  H.  Pen-in,  L.  S.  Boling,  T.  J.  Clyde,  D.  Scott 
Boyle,  John  J.  Benz,  and  J.  M.  Branauian,  as  the  persons 
who  had  commited  the  alleged  outrage.  He  spoke  in  rather 
insolent  terms ;  said  he  was  not  present  himself,  but  that  he 
approved  the  act  and  held  himself  responsible.  The  general 
very  mildly  reprimanded  him,  informed  him  that  he  was  under 
arrest ;  then  dismissed  him  and  suffered  him  to  return  to  Lea- 
veuworth  City,  to  laugh  over  the  silly  farce  in  which  he  had 
been  compelled  to  be  an  actor. 

Emory's  company  were  all  mounted  upon  "pressed"  horses, 
the  owners  of  some  of  which  were  present  to  point  out  and  claim 
them;  but  as  there  existed  no  courts  or  judges  from  whom  the 
necessary  legal  process  could  be  obtained,  and  as  Gen.  Smith 
would  not  listen  to  their  complaints,  they  had  no  means  by 
which  to  recover  their  property.  Most  of  them  preferred  to 
submit  quietly  to  the  loss  of  their  horses,  rather  than  risk  their 
lives  by  making  any  effort  for  their  recovery. 

Emory  and  his  company  held  their  headquarters  at  Leaven 
worth  City,  whence  they  sallied  into  the  surrounding  country 
to  "  press,"  not  steal  the  horses,  cattle,  wagons,  and  other  pro 
perty  of  free-state  men,  to  whom  they  had  become  a  terror. 
It  was  during  these  excursions  that  Major  Sackett,  of  the  United 
States  army,  found  in  the  road  near  Leavenworth  City  a  num 
ber  of  bodies  of  men  who  had  been  seized,  robbed,  murdered, 
mutilated,  and  left  unburied  by  the  wayside.  It  was  this 
same  Emory  and  company  that  made  the  attack  on  Phillips's 
house,  when  Phillips  was  killed  and  his  brother  severely 
wounded.  They  were  also  present  when  the  assassin  of  Hoppe 
brought  in  his  reeking  scalp,  elevated  upon  a  pole,  and  ap 
plauded  the  savage  deed.  They  were  exceedingly  active  in 


112  HISTORY  OF  KANSAS. 

warning  free-state  men  to  leave  the  city,  on  pain  of  death,  and 
iu  placing  them  upon  steamboats  without  money  or  proper 
clothing,  after  breaking  into  their  stores  and  houses  and 
ht'i/ing  on  their  effects,  not  even  sparing  the  wearing  apparel 
of  women  and  children.  Emory  was  a  contractor  for  carrying 
the  mails,  and  the  fidelity  with  which  he  discharged  this  trust 
is  evinced  in  the  fact  that  on  more  than  one  occasion  the  mails 
submitted  to  his  charge  were  broken  open  and  robbed.  All 
these  things,  however,  seem  to  have  met  the  approbation  of 
the  judicial  and  other  constituted  authorities,  and  for  his 
extraordinary  and  valuable  services  Captain  Emory  has  been 
jippointcd  by  President  Buchanan  as  Kogister  of  the  Laud 
Office  of  the  Western  Land  District  of  Kansas. 

The  next  day  after  the  events  above  narrated  the  governor 
addressed  the  following  letter  to  Colonel  Clarksori,  who  had 
command  of  the  territorial  militia  stationed  at  Leavenworth 
.City  : — 

"Fort  Leavenworth,  K.  T.,  Sept.  10,  1857. 
"  COL.  CLAKKSON  : 

"  Dear  Sir: — It  seems  necessary  that  I  should  address  you,  relative 
to  an  unpleasant  occurrence  that  took  place  yesterday.  Not  doubting 
that  you  are  actuated  by  a  desire  to  maintain  the  public  peace  and 
promote  the  prosperity  of  this  territory,  I  am  sure  you  will  at  once 
perceive  and  properly  appreciate  the  motives  which  prompt  me  to  call 
your  attention  to  the  fact  above  hinted  at.  and  the  suggestions  I  ain 
about  to  offer. 

"  Three  men,  having  a  passport  from  General  Marshall,  and  under 
the  safeguard  of  a  sergeant  of  the  United  States  army,  were  yesterday 
seized  by  a  troop  of  your  men,  and  carried  as  prisoners  into  Leaven 
worth  City.  The  only  excuse  that  can  be  offered  for  an  outrage  of 
this  character,  is  the  plea  of  ignorance  as  to  the  position  of  the  party 
to  whom  reference  is  made.  The  men  in  your  militia  may  not  have 
been  satisfied  that  the  person  from  whom  they  took  their  prisoners, 
was,  in  truth,  a  United  States  sergeant.  But  in  that  case,  their  plain 
duty  would  have  been  to  accompany  him  to  the  fort  to  ascertain  that 
fact. 

"You  will  please  guard  against  errors  of  this  description  as  far  as 
possible  in  future.  1  also  request  that  you  will  at  once  take  the 
necessary  measures  to  have  returned  to  the  three  persons  who  were 
Beized  by  Captain  Emory's  men,  their  horses,  wagons,  and  other  pro 
perty,  precisely  in  the  condition  in  which  they  were  found.  You  will 
fct'iid  these  effects  to  General  Smith,  who  will  see  them  duly  restored 
to  their  proper  owners. 

"  Trusting  that  hereafter  the  safeguard  of  the  United  States  army, 
and  everything  else  in  which  the  honor  of  the  nation  is  concerned, 
will  be  held  by  you  sacred  and  inviolable, 

"  1  am,  truly  yours, 

41  JOHN  W.  GKAUV, 
"Governor  of  Kansas  Territory." 


REV.  E.  NUTE.  113 

Soon  after  the  troops  left  the  fort  to  arrest  Emory,  a  scene 
occurred  there  strongly  illustrative  of  the  times.  Rev.  K. 
Nute,  a  Unitarian  clergyman,  had  several  times  been  arrested 
and  imprisoned  on  the  grave  charge  of  being  an  abolition i.-t. 
He  had  also  been  robbed,  almost  starved,  and  otherwise  cruelly 
abused,  and  had  just  made  his  escape  from  his  persecutors  and 
,fied  for  safety  to  the  fort.  Whilst  relating  his  adventures  to 
an  admiring  company  of  his  associates  and  friends,  who  like 
himself  were  refugees  from  oppression,  he  espied  a  wagon  pass 
ing  along  the  road  towards  Leavenworth,  drawn  by  two  horses, 
and  containing  beside  the  driver,  two  women  and  a  goodly 
supply  of  household  furniture  and  other  movables.  The  rev 
erend  gentleman  immediately  recognised  the  horses  as  a  favo 
rite  pair  that  had  been  pressed  from  him  when  last  taken 
prisoner.  Without  waiting  for  a  legal  process,  he  summoned 
to  his  assistance  a  half-dozen  friends,  and  demanded  the  driver 
of  the  wagon  to  halt.  He  then  deliberately  unhitched  the 
horses  and  drove  them  away  in  triumph,  amid  the  congratula 
tions  and  shouts  of  the  bystanders,  leaving  the  driver  and  his 
female  companions  in  their  wagon  in  the  mjddle  of  the  road  in 
a  mute  state  of  consternation.  Chief  Justice  Lecompte  and 
associate  justice  Cato,  would  have  pronounced  this  act  unlawful 
and  unwarrantable,  and  all  the  judges  and  lawyers  in  the  land 
would  have  agreed  in  the  decision.  Mr.  Nute  should  have 
appealed  to  a  court,  or  some  judicial  functionary — made  affida 
vit  in  regard  to  his  stolen  horses — obtained  a  warrant  for  the 
arrest  of  the  thief  and  the  restoration  of  his  property — placed 
this  in  the  hands  of  the  marshal  or  sheriff,  and  waited  patiently 
for  its  execution.  Such  would  have  been  the  process  in  ordi 
nary  communities,  where  the  laws  are  made  for  the  protection 
of  the  people — where  courts  are  occasionally  held — where 
judges  deal  out  even-handed  justice — and  where  officers  of  the 
law  can  be  induced  to  execute  writs  against  culprits  of  their 
own  political  faith.  But  such  was  not  the  condition  of  things 
in  Kansas.  There  the  balance  of  legal  justice  had  but  one 
scale,  and  Mr.  Nute  occupied  the  opposite  side  of  the  beam. 
Had  he  asked  the  courts  or  the  judges,  the  marshals  or  the 
sheriffs,  for  the  restoration  of  his  horses,  he  might  have  been 
regarded  as  a  madman,  or  at  least  been  ridiculed  for  his  pre 
sumption.  And  had  he  waited  until  they  reached  Leavenworth 
City  to  recover  them,  he  could  only  have  made  the  attempt  at 
the  hazard  if  not  the  sacrifice  of  his  life. 

At  Fort  Leavenworth.  the  governor  endeavored  to  impress 
10*  H 


1  14  HISTORY  OF  KANSAS. 

the  United  States  District  Attorney,  A.  J.  Isacks,  with  the 
importance  of  resurrecting  the  courts,  holding  more  frequent 
terms,  and  arresting,  bringing  to  trial,  and  legally  punishing 
the  numerous  criminals  that  were  committing  with  impunity 
atrocious  outrages  and  disturbing  the  peace  of  the  country. 
Mr.  Isacks  could  not  agree  with  the  governor  in  regard  to  the 
course  of  policy  he  advised.  He  was  for  war — war  to  the 
knife — war  to  the  death.  There  was  no  law  that  could  abso 
lutely  rid  the  country  of  abolitionists.  They  must  be  killed 
or  driven  out  by  force.  Like  other  prominent  pro-slavery  men, 
he  was  fully  imbued  with  the  idea  that  no  person  had  a  right 
in  Kansas  who  was  not  favorable  to  making  it  a  slave  state; 
and  he  is  said  to  have  been  one  of  the  leaders  of  the  secret 
band  of  "  Regulators/'  whose  business  was  to  call  in  disguise 
at  the  houses  of  free-state  men  and  order  them  to  quit  the 
territory,  and  threaten  them  with  assassination  in  case  of  their 
refusal.  Although  he  received  the  pay  of  the  government  to 
prosecute  offences  against  the  laws  of  the  territory,  he  seldom, 
if  ever,  was  present  to  perform  that  duty  on  the  few  occasions 
that  it  suited  the  convenience  of  the  supreme  judges  to  hold, 
for  a  few  days,  a  district  court. 


CHAPTER  XIX. 

Fort  Leavenworth. — Departure  for  Lecompton. — Barricade  at  Leavenworth 
City. — Excuse  for  Border  Ruffian  outrages. — Terror  of  James  H.  Lane. — 
Hair  breadth  escapes. — Anecdotes  of  the  times. — Robbery  at  Alexan 
dria. — A  chase  and  race. — The  robbers  overtaken. — Arrival  at  Lecomp 
ton. — Letter  to  the  Secretary  of  State. — Two  men  shot  at  Lecompton. 

FORT  LEAVENWORTH  is  situated  on  an  elevated  piece  of  land 
on  the  west  side  of  the  Missouri  River,  three  hundred  and 
ninety-eight  miles  above  its  mouth,  and  thirty-one  miles  from 
the  mouth  of  the  Kansas.  It  is  just  four  miles  below  the 
town  of  Weston,  Missouri,  in  lat.  39°  21'  14"  N.  and  long. 
940  44'  W.  It  was  established  in  1827.  The  enclosed 
grounds  are  spacious  and  beautiful,  and  command  a  delight  !'ul 
view  of  the  surrounding  country,  of  many  miles  in  extent. 
The  buildings,  all  of  which  are  constructed  of  brick  and 
stone,  are  substantial  and  well  arranged,  and  present  quite  an 


TERROR  EXCITED  BY  LANE.  115 

imposing  appearance.  The  quarters  for  the  officers  and  men, 
are  commodious  and  comfortable.  There  is  a  spacious  hospi 
tal,  constructed  at  a  cost  of  $15,000.  The  grounds  adjacent 
belong  to  the  government,  and  comprise  a  farm,  nine  square 
miles  in  extent,  of  rich,  well  improved  and  highly  cultivated 
lands. 

The  governor  left  the  fort  at  about  10  o'clock  on  the  morn 
ing  of  September  10th,  for  Lecompton,  the  capital  of  the  ter 
ritory.  He  was  accompanied  by  the  writer,  three  friends,  and 
Lieutenant  Drum  of  the  army,  all  of  whom  occupied  an  ambu 
lance,  drawn  by  four  horses.  The  lieutenant  was  in  command 
of  an  escort,  consisting  of  a  mounted  sergeant  of  dragoons, 
and  six  infantry  soldiers,  who  rode  in  a  covered  army  wagon. 

The  road  passes  a  short  distance  westward  of  Leavenworth 
City,  which  was  barricaded  by  a  line  of  heavy  transportation 
wagons,  drawn  close  together,  and  extending  along  the  whole 
western  border  of  the  town.  These  were  intended  as  a  pro 
tection  against  an  expected  assault  from  Lane ;  but  to  a  mili 
tary  eye,  it  was  evident  that  a  barricade  of  pipe-stems  would 
have  answered  a  far  more  useful  purpose.  The  wagons  would 
have  proved  more  serviceable  to  the  attacking  than  to  the  re 
pelling  forces. 

It  is  due  to  the  pro-slavery  party  of  Leavenworth  to  give 
the  reasons  they  assigned  for  their  atrocities  against  the  free- 
state  people.  The  former  were  laboring  under  a  serious  ap 
prehension  that  Lane  was  about  to  attack  them  with  a  large 
army,  and  their  fears  caused  them  to  regard  all  free-state  men 
as  spies  or  allies  of  Lane ;  hence  the  determination  to  drive 
them  from  the  city,  or  assassinate  them  in  case  of  their  re 
fusal  to  depart.  The  very  name  of  Lane  was  a  terror,  and 
it  was  only  necessary  to  get  up  a  rumor  that  he  was  within  a 
hundred  miles,  to  produce  a  universal  consternation.  And 
when  it  was  reported  that  he  was  actually  approaching  a  pro- 
slavery  town,  a  general  panic  and  stampede  was  the  result. 
Vaporing  generals,  colonels,  captains  and  privates,  suddenly 
stopped  in  the  midst  of  their  stories  of  valiant  deeds,  and  re 
membering  that  they  had  forgotten  their  needed  arms  or  ammu 
nition,  or  that  the  women  and  children  must  be  carried  to  a 
place  of  safety,  off  they  ran  for  shelter  in  the  woods  or  else 
where,  creeks  and  rivers  furnishing  no  obstacles  to  their  flight. 
When  the  dreaded  danger  was  over,  or  they  had  discovered 
the  alarm  to  be  unfounded,  they  would  re-assemble,  each  ready 
to  boast  over  his  bad  whiskey,  what  terrible  deeds  he  would 


116  HISTORY  OF  KANSAS. 

have  accomplished,  had  the  cowardly  abolitionist  dared  to 
make  his  appearance.  It  was  amusing  to  hear  the  many  sto 
ries  of  hair-breadth  'scapes  these  men  had  made.  There  was 
scarcely  one  among  them  who  did  not  seem  to  carry  a  charmed 
life;  for,  almost  every  day  they  had  been  shot  at,  the  balls 
whizzing  past  their  heads  or  through  their  clothing.  Accord 
ing  to  their  accounts,  their  adversaries  must  have  been  the 
worst  shots  that  ever  handled  fire-arms.  The  deputy  marshals 
and  sheriffs  exibited  bullet-holes  in  their  clothing,  or  through 
their  hats,  as  evidences  of  the  terrible  risks  they  had  run,  in 
the  discharge  of  their  hazardous  duties.  Should  one  of  them, 
at  any  time,  hear  the  discharge  of  a  gun  within  a  mile  of  him, 
his  vivid  fancy  readily  imagined  that  he  could  distinctly  see 
the  ball  strike  somewhere  near  his  person.  On  one  occasion, 
one  of  these  officials  was  relating  a  wonderful  escape  he  had 
just  effected.  A  man,  he  said,  had  fired  at  him  in  the  road 
several  successive  shots,  and  as  evidence  of  the  narrowness  of 
his  escape,  he  presented  his  hat,  showing  two  holes  in  it,  one 
in  front  and  the  other  in  the  back. 

"  Why,"  said  a  listener,  "  it  is  strange  that  the  ball  should 
have  gone  through  your  hat  so  low  down,  without  also  passing 
through  your  head !" 

"Oh,"  replied  he,  nothing  disconcerted,  "I  held  my  hat 
in  my  hand  when  he  fired.  But  I  fixed  him.  I  returned 
the  shot,  and  I  saw  him  stagger  into  the  bushes  and  fall." 

The  body,  it  is  scarcely  necessary  to  add,  was  never  found, 
nor  could  any  traces  of  blood  be  discovered. 

Many  anecdotes  were  constantly  occurring,  which,  had  they 
been  collected,  would  have  made  an  interesting  volume.  It 
was  customary  for  the  "  Regulators,"  and  others  of  the  slavery 
party,  to  go  through  the  streets  of  Leavenworth,  blowing  a 
horn,  and  ordering  free-state  men  to  leave  in  the  next  steamer. 
At  one  time,  two  Jews  were  attracted  to  the  door  of  their 
house  by  this  strange  proceeding : 

"  What  dosh  all  dat  meaush,  Hans?"  asked  one. 

"It  meansh  dat  all  who  doshent  like  schlavery  mush  go 
down  do  rivers,  and  all  who  dosh  like  schlavery  may  staysh." 

"  Well,  Hans,  den  I  tinks  schlavery  is  de  besht,  so  we  will 
Btaysh." 

lie  was  like  many  others,  who  adopted  the  slavery  side  of 
the  question,  as  a  matter  of  policy,  to  escape  persecution  and 
subserve  personal  interests. 

A  Pennsylvanian  who  had  done  good  service  in  the  Mexi- 


ROBBERY  AT  ALEXANDRIA.  117 

can  war,  and  whose  testimony  can  be  relied  upon,  related  the 
following: 

"  Upon  arriving  in  the  territory,  I  established  my  residence 
in  Leaven  worth  City,  where  I  was  solicited  to  take  command 
of  a  company  of  the  territorial  militia,  or  "  law  and  order  " 
party.  '  The  company  consisted  of  twenty  mounted  border 
ruffians.  One  night  it  became  my  duty  to  guard  the  main 
entrance  to  the  city,  and  I  took  up  my  position  in  a  prominent 
place  on  the  road,  at  about  one  mile  distant.  It  was  a  very 
dark  night,  and  it  was  difficult  to  discern  objects  even  close  at 
hand ;  my  men  amused  each  other  and  myself,  relating  the 
daring  deeds  they  had  accomplished,  and  telling  what  great 
things  they  would  do,  in  case  of  an  assault.  About  midnight, 
we  heard  the  distant  sounds  of  horses'  feet  approaching  at  a 
rapid  rate.  A  perfect  stillness  took  possession  of  my  men. 
Not  a  word  was  uttered.  Nearer  and  nearer,  came  on  the  ad 
vancing  party.  At  length,  one  of  my  men  exclaimed,  '  Lane 
is  coming,  by  G-d !'  and  instantly,  the  whole  company  broke 
and  ran  for  the  town.  In  vain  I  ordered  a  halt.  As  well 
might  I  have  attempted  to  turn  back  the  current  of  the  river, 
as  to  arrest  their  flight.  I  stood  alone  to  await  the  approach 
of  the  enemy,  whom  I  found  to  be  four  scouts  of  our  own 
party,  returning  to  the  city.  I  immediately  resigned  my 
office,  feeling  assured  that  no  dependence  could  be  placed  in 
the  courage  of  the  men  I  had  been  chosen  to  command.  They 
are  great  braggarts,  but  they  will  not  fight.  They  make  good 
assassins,  but  bad  soldiers." 

The  governor  and  party  crossed  the  Stranger  River,  about 
noon,  thirteen  miles  from  Leavenworth,  at  a  place  called  Al 
exandria.  The  town  consists  of  two  houses,  used  as  a  post- 
office  and  stores.  These  had  been  robbed  about  an  hour  before 
our  arrival.  Several  whiskey  barrels,  with  their  heads  broken 
in,  lay  in  the  road.  A  young  man  in  attendance,  gave  a  de 
plorable  account  of  the  robbery.  He  said  the  attack  was  made 
by  about  one  hundred  and  fifty  of  Lane's  men,  all  mounted, 
who  came  with  two  wagons,  which  they  filled  with  goods,  broke 
open  the  post-office  box  and  robbed  it  of  letters  and  postage 
stamps,  and  destroyed  such  articles  as  they  could  not  carry 
away.  The  proprietor,  to  save  his  life,  had  fled  to  the  hills 
and  hid  himself  in  the  bushes,  and  he  was  threatened  with 
death  if  he  should  give  information  concerning  the  robbery. 
The  governor,  who  had  been  accustomed  to  examine  "  mocca 
sin  tracks/'  made  a  careful  investigation  of  the  premises,  and 


118  HISTORY  OF  KANSAS. 

at  once  assured  Lieutenant  Drum  that  the  statements  of  his 
informant  were  false.  He  pointed  out  distinctly  the  fact  that 
the  traces  upon  the  ground  indicated  the  late  presence  of  cer 
tainly  not  over  a  dozen  horsemen.  He  then  ordered  the  young 
man  to  take  a  seat  in  the  ambulance,  to  point  out  the  direction 
taken  by  the  robbers,  and  hastened  in  pursuit  of  them.  Along 
the  road  were  exhibited  fearful  evidences  of  ruffian  riolence. 
Almost  every  house  had  been  destroyed,  and  the  sites  they 
had  occupied  were  marked  only  by  solitary  chimneys  standing 
in  the  midst  of  heaps  of  ashes.  The  first  dwelling  approached 
was  about  three  miles  from  Alexandria,  where  the  governor 
halted  and  inquired  of  the  settler  if  he  had  seen  a  large  body 
of  men  pass  during  the  morning.  He  was  promptly  answered 
that  only  six  horsemen  had  passed  that  way,  about  half  an 
hour  previous.  The  governor  then  asked  the  man  in  com 
pany  why  he  had  attempted  to  mislead  him  with  a  lying  state 
ment.  The  fellow  had  nothing  to  reply,  and,  after  a  severe 
rebuke,  was  permitted  to  return  to  Alexandria.  As  a  reward 
for  having  told  the  truth,  the  settler's  house  was  attacked  a 
day  or  two  after,  and  burned  to  the  ground;  his  wife  and  half 
do/en  children  being  turned  out  upon  the  open  prairie,  and 
his  crop  of  corn  destroyed. 

The  governor  increased  his  speed,  and  having  travelled  two 
miles  further,  upon  reaching  an  elevated  piece  of  ground,  saw 
six  horsemen  crossing  the  prairie  at  the  distance  of  about  half 
a  mile.  Upon  observing  the  carriage,  they  turned  toward  it, 
putting  their  horses  to  a  gallop,  with  the  evident  intention  to 
attack  and  rob  it.  As  they  came  within  a  few  hundred  yards, 
and  preparations  were  being  made  to  give  them  a  warm  recep 
tion,  the  covered  wagon  ascended  the  hill,  thus  exhibiting  the 
character  and  strength  of  the  governor's  party,  when  the  in 
tended  assailants  instantly  turned  and  fled  in  the  opposite 
direction.  They  were  pursued  by  the  sergeant,  the  only 
mounted  man  in  the  company,  and  a  more  interesting  chase 
was  never  witnessed.  The  horses  were  put  to  their  utmost 
speed,  their  tails  standing  straight  out,  and  making  time 
rarely  equalled  on  a  race-course.  Four  of  them  succeeded  in 
reaching  a  wooded  ravine,  but  the  other  two,  whose  horses 
were  not  equal  to  that  rode  by  the  sergeant,  were  overtaken 
and  commanded  to  halt.  Upon  being  questioned,  they  repre 
sented  themselves  as  free-state  men  who  had  been  driven  from 
their  homes  by  a  party  of  border  ruffians.  The  sergeant, 
however,  rec^nised  them  as  two  of  a  party  of  six  men  whom 


GEARY'S  LETTER  TO  MARCY.  119 

lie  had  that  morning  seen  leave  Leaven  worth  City.  It  was 
subsequently  ascertained  that  the  leader  of  the  party  was  a 
citizen  of  Missouri ;  a  prominent  member  of  the  Legislative 
Assembly  of  Kansas,  and  the  alleged  author  of  most  of  the 
odious  election  and  test  laws  passed  by  that  body  during  iK 
Bession  of  1855.  This  person  has  boasted  that  he  "  pressed" 
from  free -state  men  several  valuable  horses,  which  he  had  car 
ried  for  safe  keeping  into  Lexington,  Missouri. 

Upon  reaching  the  Kansas  River,  ferriage  was  difficult,  in 
consequence  of  the  low  stage  of  the  water,  and  it  was  some 
hours  before  the  governor  reached  the  opposite  shore.  An 
armed  and  mounted  sentinel  guarded  the  Lecompton  landing, 
and  demanded  to  know  who  the  new-comers  were.  The  only 
hotel  in  the  place  was  reached  at  about  eleven  o'clock,  where 
the  governor  was  introduced  to  Secretary  Woodson,  Ex-Judge 
Elmore  and  other  prominent  citizens.  The  town  was  in  a 
great  state  of  excitement,  produced  by  a  recent  visit  of  Lane, 
at  the  head  of  five  hundred  men,  who  had  come  to  demand 
the  release  of  the  free-state  prisoners,  but  who  had  already 
been  discharged,  by  Judge  Lecompte,  on  bail,  after  hearing 
of  Lane's  approach. 

Previous  to  his  departure  from  Fort  Leavenworth,  the  go 
vernor  addressed  the  following  communication  to  Secretary 
Marcy,  in  which  he  clearly  expresses  his  opinions  concerning 
the  condition  of  the  territory  at  that  time : — 

"  Fort  Leavenworth,  Kansas  Territory, 

"  Sept.  9,  1856. 
"  HON.  WM.  L.  MARCY, 

"Dear  Sir:  I  arrived  here  this  morning,  and  have  passed  the  day 
mostly  in  consultation  with  Gen.  P.  F.  Smith,  in  relation  to  the  affairs 
of  the  territory,  which,  as  I  am  now  on  the  spot,  I  begin  more  clearly 
to  understand.  It  is  no  exaggeration  to  say  that  the  existing; 
difficulties  are  of  a  far  more  complicated  character  than  I  had 
anticipated. 

"  I  find  that  I  have  not  simply  to  contend  against  bands  of  armed 
ruffians  and  brigands,  whose  sole  aim  and  end  is  assassination  and 
robbery — infatuated  adherents  and  advocates  of  conflicting  political 
sentiments  and  local  institutions — and  evil-disposed  persons,  actuated 
by  a  desire  to  obtain  elevated  positions ;  but  worst  of  all,  against  the 
influence  of  men  who  have  been  placed  in  authority,  and  have 
employed  all  the  destructive  agents  around  them  to  promote  their 
own  personal  interests,  at  the  sacrifice  of  every  just,  honorable  and 
lawful  consideration. 

"  I  have  barely  time  to  give  you  a  brief  statement  of  facts  as  I  find 
them.  The  town  of  Leavenworth  is  now  in  the  hands  of  armed  bodies 


]20  HISTORY  OF  KANSAS. 

of  men,  who,  having  been  enrolled  as  militia,  perpetrate  outrages  of 
the  most  atrocious  character  under  shadow  of  authority  from  the 
territorial  government.  Within  a  few  days  these  men  have  robbed 
and  driven  from  their  homes  unoffending  citizens ;  have  fired  upon 
and  killed  others  in  their  own  dwellings;  and  stolen  horses  and 
property  under  the  pretence  of  employing  them  in  the  public  service. 
They  have  seized  persons  who  had  committed  no  offence;  and  after 
stripping  them  of  all  their  valuables,  placed  them  on  steamers,  and 
sent  them  out  of  the  territory.  Some  of  these  bands,  who  have  thus 
violated  their  rights  and  privileges,  and  shamefully  and  shockingly 
misused  and  abused  the  oldest  inhabitants  of  the  territory,  who  had 
settled  here  with  their  wives  and  children,  are  strangers  from  distant 
states,  who  have  no  interest  in,  nor  care  for  the  welfare  of  Kansas, 
and  contemplate  remaining  here  only  so  long  as  opportunities  for 
mischief  and  plunder  exist. 

"  The  actual  pro-slavery  settlers  of  the  territory  are  generally  as 
well-disposed  persons  as  are  to  be  found  In  most  communities.  But 
there  are  among  them  a  few  troublesome  agitators,  chiefly  from 
distant  districts,  who  labor  assiduously  to  keep  alive  the  prevailing 
sentiment. 

"It  is  also  true  that  among  the  free-soil  residents  are  many 
peaceable  and  useful  citizens ;  and  if  uninfluenced  by  aspiring  dema 
gogues,  would  commit  no  unlawful  act.  But  many  of  these,  too, 
have  been  rendered  turbulent  by  officious  meddlers  from  abroad. 
The  chief  of  these  is  Lane,  now  encamped  and  fortified  at  Lawrence, 
with  a  force,  it  is  said,  of  fifteen  hundred  men.  They  are  suffering 
for  provisions,  to  cut  off  the  supplies  of  which,  the  opposing  factiou 
is  extremely  watchful  and  active. 

"  In  isolated  or  country  places,  no  man's  life  is  safe.  The  roads 
are  filled  with  armed  robbers,  and  murders  for  mere  plunder  are  of 
daily  occurrence.  Almost  every  farm-house  is  deserted,  and  no 
traveller  has  the  temerity  to  venture  upon  the  highway  without  an 
escort. 

"  Such  is  the  condition  of  Kansas,  faintly  pictured.  It  can  be  no 
worse.  Yet  I  feel  assured  that  I  shall  be  able  ere  long  to  restore  it 
to  peace  and  quiet.  To  accomplish  this,  I  should  have  more  aid  from 
the  general  government.  The  number  of  United  States  troops  here 
is  too  limited  to  render  the  needed  services.  Immediate  reinforcements 
are  essentially  necessary;  as  the  excitement  is  .so  intense,  and  citi/cns 
generally  are  so  much  influenced  by  their  political  prejudices,  that 
members  of  the  two  great  factions  cannot  be  induced  to  act  in  unison, 
and  therefore  cannot  be  relied  upon.  As  soon,  however,  as  I  can 
succeed  in  disbanding  a  portion  of  those  now  in  service,  I  will  from 
time  to  time  cause  to  be  enrolled  as  many  of  the  bonajide  inhabitants 
as  exigencies  may  seem  to  require.  In  the  meantime,  the  presence  of 
additional  government  troops  will  exert  a  moral  influence  that  cannot 
be  obtained  by  any  militia  that  can  here  be  called  in  requisition. 

"In  making  the  foregoing  statements,  I  have  endeavored  to  give 
the  truth,  and  nothing  but  the  truth.  I  deem  it  important  that  you 
should  be  apprised  of  the  actual  state  of  the  case ;  and  whatever  may 
be  the  effect  of  such  relations,  they  will  be  given,  from  time  to  time, 
without  extenuation. 


MORE  OUTRAGES.  121 

"  I  shall  proceed  eany  in  the  morning  to  Lecompton,  under  an 
escort  furnished   by  Gen.   Smith,  where   I  will   take  charge  of  the 
government,  and  whence  I  shall  again  address  you  at  an  early  moment. 
"Very  respectfully,  your  obedt.  servt., 

"J.NO.  W.  GEARY, 

*'  Governor  of  Kansas." 

On  the  10th  of  September,  an  altercation  took  place  at  Le 
compton  between  two  South  Carolinians.  They  were  personal 
friends,  but  had  been  drinking  too  freely.  One  of  them, 
incensed  at  some  remark  of  the  other,  drew  his  pistol  and 
fired,  and  was  about  to  repeat  the  shut,  when  his  companion, 
after  warning  him,  discharged  into  his  body  the  contents  of  a 
gun  loaded  with  buckshot.  The  wounded  man  lingered  three 
or  four  days,  in  great  agony,  the  other  watching  and  waiting 
upon  him  during  his  sufferings.  He  was  never  tried  for  the 
murder,  but  set  at  liberty  at  an  examination  before  one  of  the 
justices. 

Two  or  three  days  later,  another  serious  shooting  affair 
occurred  in  the  same  town.  A  free-state  man  living  in  the 
vicinity,  brought  in  a  load  of  beef  for  sale.  He  proceeded  to 
one  of  the  stores,  where,  meeting  a  number  of  the  citizens,  he 
got  into  conversation,  during  which  he  denounced  the  institu 
tion  of  slavery,  an  offence  unpardonable  in  Lecompton.  A 
quarrel  and  fight  ensued,  when  the  free-state  man  ran  for  his 
life.  He  was  pursued  to  a  cluster  of  woods  on  the  edge  of  the 
town,  his  pursuers  firing  at  him  a  number  of  times,  he  turning 
to  fire  back.  He  at  length  dodged  behind  a  tree,  whence  he 
fired  a  few  more  shots.  Some  of  his  assailants  had  run  for 
guiiJ3,  and  succeeded  in  shooting  him  three  times,  as  he  at 
tempted  to  make  his  escape,  the  balls  having  entered  his  back, 
abdomen,  and  side.  He  was  laid,  dangerously,  though  not 
mortally  wounded,  upon  the  beef  on  his  wagon,  and  brought 
into  town  with  his  ox-team.  Here  his  wounds  were  dressed. 
These  occurrences  had  become  so  common  that  they  attracted 
but  little  attention.  Whilst  this  man  was  writhing  apparently 
in  the  agonies  of  death  on  one  side  of  the  street,  the  grog^eriea 
opposite  were  filled  with  loungers  too  unconcerned  to  take  any 
special  notice  of  the  circumstance. 


11 


122  HISTORY  OF  KANSAS. 


CHAPTER  XX. 

The  town  of  Leoompton. — Its  location  and  moral  character. — The  accounts 
of  thoir  grievances  by  the  pro-slavery  party. — Policy  indicated  by  that 
party  for  Governor  Geary. — The  Inaugural  address. — Proclamations 
ordering  the  dispersion  of  armed  bodies,  aud  for  organizing  the  militia 
of  the  territory. 

LECOMPTON  is  situated  on  the  south  side  of  the  Kansas 
River,  about  fifty  miles  from  its  junction  with  the  Missouri, 
and  forty  miles  in  a  south-westerly  direction  from  Leavenworth 
City,  upon  as  inconvenient  and  inappropriate  a  site  for  a  town 
as  any  in  the  territory ;  it  being  on  a  bend  of  the  river,  diffi 
cult  of  access,  and  several  miles  beyond  any  of  the  principal 
thoroughfares.  It  was  chosen  simply  for  speculative  purposes. 
An  Indian  'floating  claim'  of  a  section  of  land  was  purchased 
by  a  company  of  prominent  pro-slavery  men,  who  found  it  easy 
to  induce  the  legislative  assembly  to  adopt  it  for  the  location 
of  the  capitol,  by  distributing  among  the  members,  supreme 
judges,  the  governor,  secretary  of  the  territory,  and  others  in 
authority,  a  goodly  number  of  town  lots,  upon  the  rapid  sale 
of  which  each  expected  to  realize  a  handsome  income.  It 
contained,  at  the  time  of  Governor  Geary's  arrival,  some  twenty 
or  more  houses,  the  majority  of  which  were  employed  as  grog- 
geries  of  the  lowest  description.  In  fact,  its  general  moral 
condition  was  debased  to  a  lamentable  degree.  It  was  the 
residence  of  the  celebrated  Sheriff  Jones  (who  is  one  of  the 
leading  members  of  the  town  association),  and  the  resort  of 
horse-thieves  and  ruffians  of  the  most  desperate  character.  Its 
drinking  saloons  were  infested  by  these  characters,  where  drunk 
enness,  gambling,  fighting,  and  all  sorts  of  crimes  were  indulged 
in  with  entire  impunity.  It  was  and  is  emphatically  a  border 
ruffian  town,  in  which  no  man  could  utter  opinions  adverse  to 
negro  slavery  without  placing  his  life  in  jeopardy.  The  cor 
porators,  who  are  the  contractors,  have  expended  the  850,000 
appropriated  by  Congress  for  the  erection  of  the  capitol  build 
ing,  for  which  sum  they  can  now  exhibit  the  foundations  for  a 
house,  some  iron  castings  and  tin  cornices. 

Upon  the  governor's  arrival  he  was  surrounded  by  the  lead 
ing  men  of  the  place,  who  kindly  volunteered  their  friendly 
advice  and  instructions  in  regard  to  tho  policy  to  be  pursued. 


GOV.  GEARY'S  ADDRESS.  123 

To  insure  his  own  comfort  and  safety,  and  accomplish  any  good 
whatever  in  the  territory,  he  was  given  to  understand  that  it 
was  absolutely  necessary  to  identify  himself  with  the  pro-slavery 
party,  and  aid  it  with  his  influence  and  power  to  "  wipe  out  the 
d — d  abolitionists."  These  were  represented  as  the  most  wicked 
wretches  that  ever  disgraced  the  earth.  Upon  their  shoulders 
were  heaped  all  imaginable  offences.  There  was  no  crime  of 
which  they  had  not  been  guilty.  Every  enormity  committed 
in  Kansas  was  charged  to  their  account ;  whilst  their  accusers 
were  and  had  ever  been  peace-loving  and  law  and  order  citi 
zens,  who  with  Christian  forbearance  and  Job-like  patience  had 
meekly  submitted  to  outrages  that  no  pencil  could  portray  nor 
language  properly  depict.  It  was  really  painful  to  hear  their 
plausible  stories  of  the  sufferings  they  had  quietly  and  patiently 
endured  at  the  hands  of  their  northern  oppressors  and  fiendish 
persecutors. 

The  governor  was  too  perverse  and  obstinate  to  believe  that 
the  wrong  was  altogether  on  one  side,  or  that  the  cause  of  hu 
manity  or  the  welfare  of  the  country  was  to  be  promoted  by 
the  course  of  policy  he  was  so  eloquently  and  earnestly  soli 
cited  to  adopt  and  pursue.  Hence  he  issued  the  following 
address,  in  which  he  expressed  a  determination  to  know  no 
party,  and  to  recognise  no  sectional  prejudices,  but  in  the  ex 
ercise  of  his  official  functions  to  do  equal  and  exact  justice  to 
all  classes  of  the  community — a  resolution  to  which  he  rigidly 
adhered  during  his  entire  administration  : — 

"  FELLOW  CITIZENS  : 

"  I  appear  among  you  a  stranger  to  most  of  you,  and  for  the 
first  time  have  the  honor  to  address  you,  as  Governor  of  the 
Territory  of  Kansas.  The  position  was  not  sought  by  me  ;  but  was 
voluntarily  tendered  by  the  present  chief  magistrate  of  the  nation. 
As  an  American  citizen,  deeply  conscious  of  the  blessings  which  ever 
flow  from  our  beloved  Union,  I  did  not  consider  myself  at  liberty  to 
shrink  from  any  duties,  however  delicate  and  onerous,  required  of  me 
by  my  country. 

"  With  a  full  knowledge  of  all  the  circumstances  surrounding  the 
executive  office,  I  have  deliberately  accepted  it,  and  as  God  may  give 
me  strength  and  ability,  I  will  endeavor  faithfully  to  discharge  its 
varied  requirements.  When  I  received  my  commission  I  was  solemnly 
sworn  to  support  the  Constitution  of  the  United  States,  and  to 
discharge  my  duties  as  Governor  of  Kansas  with  fidelity.  By 
reference  to  the  act  for  the  organization  of  this  territory,  passed  by 
Congress  on  the  30th  day  of  March,  1854,  I  find  my  duties  more 
particularly  defined.  Among  other  things,  I  am  4to  take  care  that 
the  laws  be  faithfully  executed.' 


124  HISTORY  OP  KANSAS. 

"  The  Constitution  of  the  United  States  and  the  organic  law  of  the 
territory,  will  be  the  lights  by  which  I  will  be  guided  in  my  executive 
career. 

"  A  careful  and  dispassionate  examination  of  our  organic  act  will 
satisfy  any  reasonable  person  that  its  provisions  are  eminently  just 
and  beneficial.  If  this  act  has  been  distorted  to  unworthy  purposes, 
it  is  not  the  fault  of  its  provisions.  The  great  leading  feature  of  that 
act  is  the  right  therein  conferred  upon  the  actual  and  boiui  fide 
inhabitants  of  this  territory  '  in  the  exercise  of  self-government,  to 
determine  for  themselves  what  shall  be  their  own  domestic  institutions, 
subject  only  to  the  constitution  and  the  laws  duly  enacted  by  Congress 
under  it.'  The  people,  accustomed  to  self-government  in  the  stares 
from  whence  they  came,  and  having  removed  to  this  territory  with 
the  bona  fide  intention  of  making-  it  their  future  residence,  were 
{supposed  to  be  capable  of  creating  their  own  municipal  government, 
and  to  be  the  best  judges  of  their  own  local  necessities  and  institutions. 
This  is  what  is  termed  'popular  sovereignty.'  By  this  phrase  we 
simply  mean  the  right  of  the  majority  of  the  people  of  the  several 
states  and  territories,  being  qualified  electoi's,  to  regulate  their  own 
domestic  concerns,  and  to  make  their  own  municipal  laws.  Thus 
understood,  this  doctrine  underlies  the  whole  system  of  republican 
government.  It  is  the  great  right  of  self-government,  for  the  esta 
blishment  of  which  our  ancestors,  in  the  stormy  days  of  the  revolution, 
pledged  '  their  lives,  their  fortunes,  and  their  sacred  honor.' 

"A  doctrine  so  eminently  just  should  receive  the  willing  homage 
of  every  American  citizen.  When  legitimately  expressed,  and  duly 
ascertained,  the  will  of  the  majority  must  be  the  imperative  rule  of 
civil  action  for  every  law-abiding  citizen.  This  simple,  just  rule  of 
action  has  brought  Order  out  of  chaos,  and  by  a  progress  unparalleled 
in  the  history  of  the  world,  has  made  a  few  feeble,  infaut  colonies,  a 
giant  confederated  republic. 

"  No  man,  conversant  with  the  state  of  affairs,  now  in  Kansas,  can 
close  his  eyes  to  the  fact  that  much  civil  disturbance  has  for  a  long 
time  past  existed  in  this  territory.  Various  reasons  have  been 
assigned  for  this  unfortunate  condition  of  affairs,  and  numerous 
remedies  have  been  proposed. 

"  The  House  of  Representatives  of  the  United  States  have  ignored 
the  claims  of  both  gentlemen  claiming  the  legal  right  to  represent 
the  people  of  this  territory  in  that  body.  The  Topeka  Constitution, 
recognised  by  the  House,  has  been  repudiated  by  the  Senate.  Various 
measures,  each  in  the  opinion  of  its  respective  advocates,  suggestive 
of  peace  to  Kansas,  have  been  alternately  pVoposed  and  rejected. 
Men,  outside  of  the  territory,  in  various  sections  of  the  Union,  influenced 
by  reasons  best  known  to  themselves,  have  endeavored  to  stir  up 
internal  strife,  and  to  array  brother  against  brother. 

"  In  this  conflict  of  opinion,  and  for  the  promotion  of  the  most 
unworthy  purposes,  Kansas  is  left  to  suffer,  her  people  to  mourn,  and 
her  prosperity  is  endangered. 

"Is  there  no  remedy  for  these  evils?  Cannot  the  wounds  of 
Kansas  be  healed,  and  peace  be  restored  to  all  her  borders? 

"  Men  of  the  north — men  of  the  south — of  the  east,  and  of  the  west. 


125 

in  K'tnsas,  you,  and  you  alone,  have  the  remedy  In  your  own  hands. 
Will  you  not  suspend  fratricidal  strife  ?  Will  you  not  cease  to  regard 
each  other  as  enemies,  and  look  upon  one  another  as  the  children  of 
a  cumuuni  mother,  and  come  and  reason  together  ? 

"Lot  us  hunish  all  outside  influences  from  our  deliberations,  and 
assemble  around  our  council  board  with  the  constitution  of  our 
country  and  the  organic  law  of  this  territory,  as  the  great  charts 
for  our  guidance  and  direction.  The  bona  fide  inhabitants  of  the 
territory  alone  are  charged  with  the  solemn  duty  of  enacting  her 
laws,  upholding  her  government,  maintaining  peace,  and  laying  the 
foundation  for  a  future  commonwealth. 

"  On  this  point  let  there  be  a  perfect  unity  of  sentiment.  It  is  the 
first  great  step  towards  the  attainment  of  peace.  It  will  inspire 
confidence  amongst  ourselves  and  insure  the  respect  of  the  whole 
country.  Let  us  show  ourselves  worthy  and  capable  of  self- 
government. 

"Do  not  the  inhabitants  of  this  territory  better  understand  what 
domestic  institutions  are  suited  to  their  condition — what  laws  will  be 
most  conducive  to  their  prosperity  and  happiness,  than  the  citizens 
of  distant,  or  even  neighboring  states?  This  great  right  of  regulating 
our  own  affairs  and  attending  to  our  own  business,  without  any 
interference  from  others,  has  been  guaranteed  to  us  by  the  law  which 
Congress  has  made  for  the  organization  of  this  territory.  This  right 
of  self-government — this  privilege  guaranteed  to  us  by  the  organic 
law  of  our  territory,  I  will  uphold  with  all  my  might,  and  with  the 
entire  power  committed  to  me. 

"  In  relation  to  any  changes  of  the  laws  of  the  territory  which  I 
may  deem  desirable,  I  have  no  occasion  now  to  speak ;  but  these  are 
subjects  to  which  I  shall  direct  public  attention  at  the  proper  time. 

"  The  territory  of  the  United  States  is  the  common  property  of  the 
several  states,  or  of  the  people  thereof.  This  being  so,  no  obstacle 
should  be  interposed  to  the  free  settlement  of  this  common  property, 
while  in  a  territorial  condition. 

*'  I  cheerfully  admit  that  the  people  of  this  territory,  under  the 
organic  act,  have  the  absolute  right  of  making  their  own  municipal 
laws.  And  from  citizens  who  deem  themselves  aggrieved  by  recent 
legislation,  I  would  invoke  the  utmost  forbearance,  and  point  out  to 
them  a  sure  and  peaceable  remedy.  You  have  the  right  to  ask  the 
next  legislature  to  revise  any  and  all  laws;  and  in  the  meantime,  as 
you  value  the  peace  of  the  territory  and  the  maintenance  of  future 
laws,  I  would  earnestly  ask  you  to  refrain  from  all  violations  of  the 
present  statutes. 

"  I  am  sure  that  there  is  patriotism  sufficient  in  the  people  of 
Kansas  to  induce  them  to  lend  a  willing  obedience  to  law.  All  the 
provisions  of  the  Constitution  of  the  United  States  must  be  sacredly 
observed — all  the  acts  of  Congress,  having  reference  to  this  territory, 
must  be  unhesitatingly  obeyed,  and  the  decisions  of  our  courts 
respected.  It  will  be  my  imperative  duty  to  see  that  these  suggestions 
are  carried  into  effect.  In  my  official  action  here,  I  will  do  justice 
at  all  hazards.  Influenced  by  no  other  considerations  than  the  welfare 
of  the  whole  people  of  this  territory,  I  desire  to  know  no  party,  no 


126  HISTORY  OF  KANSAS. 

section,  no  north,  no  south,  no  east,  no  west — nothing  but  Kansas 
and  my  country. 

"  Fully  conscious  of  my  great  responsibilities  in  the  present  con 
dition  of  Kansas,  I  must  invoke  your  aid,  and  solicit  your  generous 
forbearance.  Your  executive  officer  can  do  little  without  the  aid  of 
the  people.  With  a  firm  reliance  upon  Divine  Providence,  to  the  best 
of  my  ability,  I  shall  promote  the  interests  of  the  citizens  of  this 
territory,  not  merely  collectively,  but  individually,  and  I  shall  expect 
from  them,  in  return,  that  cordial  aid  and  support,  -without  which 
the  government  of  no  state  or  territory  can  be  administered  with 
beneficent  effect. 

"  Let  us  all  begin  anew.  Let  the  past  be  buried  in  oblivion.  Let 
all  strife  and  bitterness  cease.  Let  us  all  honestly  devote  ourselves 
to  the  true  interests  of  Kansas;  develope  her  rich  agricultural  and 
mineral  resources  ;  build  up  manufacturing  enterprises  ;  make  public 
roads  and  highways  ;  prepare  amply  for  the  education  of  our  children ; 
devote  ourselves  to  all  the  arts  of  peace ;  and  make  our  territory  the 
sanctuary  of  those  cherished  principles  which  protect  the  inalienable 
rights  of  the  individual,  and  elevate  states  in  their  sovereign 
capacities. 

"  Then  shall  peaceful  industry  soon  be  restored ;  population  and 
wealth  will  flow  upon  us  ;  'the  desert  will  blossom  as  the  rose;'  and 
the  State  of  Kansas  will  soon  be  admitted  into  the  Union,  the  peer 
and  pride  of  her  elder  sisters. 

"Juo.  W.  GEARY." 

Simultaneously  with  this  address,  clearly  developing  the 
policy  by  which  his  official  action  was  to  be  guided  and  con 
trolled,  the  governor  published  the  following  proclamations : — 

"PROCLAMATION. 

"WHEREAS,  A  large  number  of  volunteer  militia  have  been  called 
into  the  service  of  the  Territory  of  Kansas,  by  authority  of  the  late 
acting  governor,  for  the  maintenance  of  order,  many  of  whom  have 
been  taken  from  occupations  or  business,  and  deprived  of  their 
ordinary  means  of  support  and  of  their  domestic  enjoyments ;  and 

"WHEREAS,  The  employment  of  militia  is  not  authorized  by  my 
instructions  from  the  general  government,  except  upon  requisition  of 
the  commander  of  the  military  department  in  which  Kansas  is 
embraced ;  and 

"WHEREAS,  An  authorized  regular  force  has  been  placed  at  my 
disposal,  sufficient  to  insure  the  execution  of  the  laws  that  may  be 
obstructed  by  combinations  too  powerful  to  be  suppressed  by  the 
ordinary  course  of  judicial  proceedings;  now 

"Therefore^  I,  JOHN  W.  GEARY,  Governor  of  the  Territory  of  Kansas, 
do  issue  this,  my  proclamation,  declaring  that  the  services  of  such 
volunteer  militia  are  no  longer  required ;  and  hereby  order  that  they 
be  immediately  discharged.  The  secretary  and  the  adjutant-general 
of  the  territory  will  muster  out  of  service  each  command  at  its  place 
of  rendezvous. 


DEPLORABLE  CONDITION  OF  AFFAIRS.  127 

"And  I  command  all  bodies  of  men,  combined,  armed  and  equipped 
with  munitions  of  war,  without  authority  of  the  government,  instantly 
to  disband  or  quit  the  territory,  as  they  will  answer  the  contrary  at 
their  peril. 

"  In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed 
the  seal  of  the  Territory  of  Kansas. 

"  Done  at  Lecompton,  this  eleventh  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-six. 

"Jxo.  W.  GEARY, 
"Governor  of  Kansas  Territory.'* 

"  PROCLAMATION. 

"  WHEREAS,  It  is  the  true  policy  of  every  state  or  territory  to  be 
prepared  for  any  emergency  that  may  arise  from  internal  dissension 
or  foreign  invasion ; 

"  Therefore,  I,  John  W.  Geary,  Governor  of  the  Territory  of  Kansas, 
do  issue  this,  my  proclamation,  ordering  all  free  male  citizens, 
qualified  to  bear  arms,  between  the  ages  eighteen  and  forty-five  years, 
to  enrol  themselves,  in  accordance  with  the  act  to  organize  the  militia 
of  the  territory,  that  they  may  be  completely  organized  by  companies, 
regiments,  brigades,  or  divisions,  and  hold  themselves  in  readiness, 
to  be  mustered,  by  my  order,  into  the  service  of  the  United  States, 
upon  requisition  of  the  commander  of  the  military  department  in 
which  Kansas  is  embraced,  for  the  suppression  of  all  combinations  to 
resist  the  laws,  and  for  the  maintenance  of  public  order  and  civil 
government. 

"  In  testimony  whereof,  I  have  hereunto  set  my  hand  and  the  seal 
of  the  Territory  of  Kansas. 

"  Done  at  Lecompton,  this  eleventh  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-six. 

"J*0.  W.  GEARY, 
"  Governor  of  Kansas  Territory." 


CHAPTER  XXI. 

Gloomy  prospect  for  Governor  Geary's  administration. — Determination 
to  make  Kansas  a  slave  state. — Opposition  to  the  new  governor. — 
Address  to  the  people  of  the  slave  states. — Secretary  Woodson's  pro 
clamation. 

No  man  ever  commenced  the  discharge  of  official  duties 
under  such  discouraging  auspices,  or  in  the  face  of  so  many 
embarrassments,  difficulties,  and  dangers,  as  did  Governor 
Geary.  The  bitterness  of  party  spirit  had  reached  its  acme. 


128  HISTORY  OF  KANSAS. 

Every  class  of  the  community  either  was  or  pretended  to  be 
suffering  grievances  that  cried  aloud  for  vengeance.  All 
means  at  pacification  were  regarded  as  fruitless,  and  the  leaders 
of  the  conflicting  parties  neither  saw  nor  recognised  any  hope 
of  redress  or  peace  except  in  the  extermination  of  the  other. 
The  free-state  people  had  no  reason  to  expect  even  a  show  of 
justice  from  the  administration  at  Washington.  Every  federal 
officer  in  the  territory  and  every  territorial  officer,  whether  ap 
pointed  or  elected,  from  the  supreme  judges  and  secretary  to 
the  deputy  marshals,  sheriffs  and  clerks,  were  wedded  to  the 
slave  power,  and  pledged  at  all  hazards  to  its  extension.  And 
the  free-state  party,  judging  from  the  uniform  policy  of  the 
general  government,  very  naturally  supposed  that  the  new 
governor  was  but  another  instrument  chosen  for  their  oppres 
sion  and  persecution.  It  was  by  no  means  remarkable,  therefore, 
that  they  should  not  only  withhold  from  him  everything  like  a 
cordial  welcome,  but  regard  him  with  distrust  and  suspicion, 
and  determine  to  throw  every  possible  obstacle  in  the  way  of  his 
administration.  Even  President  Pierce  and  his  cabinet  appear 
to  have  made  a  mistake  in  the  appointment  of  Governor  Geary  j 
for  subsequent  events  prove,  that  although  he  succeeded  in  re 
storing  peace  to  the  territory,  he  failed  to  accomplish  the 
object  of  their  desires ;  and  when  they  discovered  his  unwa 
vering  determination  to  do  equal  justice  to  all  the  citizens, 
they  withdrew  from  him,  at  the  time  it  was  most  needed,  their 
protecting  care. 

The  pro-slavery  party,  on  the  other  hand,  had  selected  a 
governor  for  themselves,  and  were  resolved  not  to  receive  with 
favor  any  other  than  the  man  they  had  chosen.  This  was 
John  Calhoun,  the  surveyor-general  of  Kansas  and  Nebraska. 
He  had  been  well  tried,  and  found  to  be  entirely  "  sound  on 
the  goose."  Of  his  attachment  to  their  interests  there  was  no 
room  to  doubt.  Like  all  others  of  their  party  born  in  free 
states,  he  was  willing  and  ready  to  commit  excesses  at  which 
even  the  most  rabid  of  themselves  would  hesitate.  He  con 
sidered  it  no  crime  to  murder  northern  men,  and  declared  that 
he  would  kill  an  abolitionist  with  less  compunction  than  he 
would  a  rat.  He  had  the  bestowment  of  an  immense  patron 
age,  which  he  took  great  care  to  render  subservient  to  the 
interests  of  his  party.  II is  clerks  and  other  attaches,  paid  by 
the  government  to  survey  the  lands,  were  enlisted  in  the  Mis 
souri  army  of  invasion,  and  the  horses  and  wagons  belonging 
to  his  department  were  employed  to  transport  provisions  and 


A  PRO-SLAVERY  GOVERNOR  WANTED.  UO 

ammunition  for  its  use.  He  would  have  made  just  such  a 
•r-iviTiior  as  his  party  needed,  and  great  dissatisfaction  was  the 
result  of  his  failure  to  receive  the  appointment. 

The  broad  ground  assumed  by  the  rabid  leaders  of  the  pro- 
slavery  party  in  Kansas  was  that  an  equilibrium  of  the  slave 
power  must  be  maintained  at  any  sacrifice  in  the  American 
Union,  and  this  could  only  be  effected  by  increasing  the  slave 
states  in  proportion  with  the  free.  As  Nebraska  will  unques 
tionably  enter  the  Union  a  free  State,  Kansas  must  be  admitted 
with  a  constitution  authorizing  slavery.  Whilst,  therefore, 
the  south  was  willing  to  give  Nebraska  to  the  north,  they  asked 
and  demanded  that  Kansas  should  be  ceded  to  the  south.  It 
was  of  little  consequence  what  number  of  northern  men  located 
themselves  in  Kansas.  It  was  assumed  that  they  had  no  right 
to  come  there,  unless  with  the  intention  of  assisting  to  make  it 
a  slave  state.  If  they  would  not  pledge  themselves  to  that 
object  they  were  abolitionists,  allies  of  disunionism,  and  de 
serving  of  death ;  and  so  far  from  being  a  crime,  it  was  a  vir 
tue  to  kill  them.  This  was  the  doctrine,  openly  and  boldly 
advocated,  that  led  to  the  commission  of  the  most  horrid  atro 
cities  that  blackened  the  annals  of  the  territory. 

Hence,  when  Governor  Geary's  appointment  was  announced, 
and  it  was  understood  that  he  was  determined  not  to  affiliate 
with  either  of  the  opposing  factions,  but  purposed  to  hold  the 
scales  of  justice  with  an  even  hand,  and  to  support  and  carry 
out  the  doctrine  of  popular  sovereignty  in  the  territory,  not 
only  much  dissatisfaction  but  considerable  consternation  was 
the  result.  It  was  feared  that  every  darling  scheme  and  in 
famous  attempt  to  force  the  institution  of  slavery  into  Kansas 
would  be  frustrated  by  his  acknowledged  integrity  and  well- 
known  sagacity,  industry  and  energy.  Measures  were  imme 
diately  adopted  to  circumvent  his  plans,  in  anticipation  of  his 
coniiuir.  Active  preparations  were  commenced,  and  carried 
forward  with  surprising  energy,  to  gather  an  army  in  Missouri 
and  other  slave  states  with  which  to  overrun  the  territory  and 
drive  out  or  annihilate  all  the  free-state  people,  before  the  new 
governor  could  be  on  hand  to  intervene  his  authority  and  pre 
vent  the  execution  of  so  diabolical  a  purpose.  An  inflamma 
tory  address  was  prepared  and  published,  signed  by  Atchison, 
Stringfellow,  Tebbs,  Anderson,  Reid,  Doniphan,  and  a  host  of 
kindred  spirits,  most  of  them  Missourians,  accusing  the  free- 
state  people  of  tiie  very  outrages  which  themselves  were  daily 
committing,  and  calling  for  assistance  to  punish  the  traitors, 


130  HISTORY  OF  KANSAS. 

assassins,  and  robbers  who  had  invaded  the  territory  from  the 
north.  This  address  was  exceedingly  plausible,  arid  deceived 
many  an  honest  man  into  the  espousal  of  a  cause  which  he 
subsequently  abandoned  in  horror  and  disgust.  The  following 
extracts  will  give  a  proper  idea  of  the  general  tenor  of  this 
document : — 

"  We  have  asked  the  appointment  of  a  successor,  who  was  ac 
quainted  with  our  condition  ;  who,  a  citizen  of  the  territory,  identified 
with  its  interests,  familiar  with  its  history,  would  not  be  prejudiced 
or  misled  by  the  falsehoods  which  have  been  so  systematically  fabri 
cated  against  us — one  who,  heretofore  a  resident  as  he  is  a  native  of 
a  non-slaveholding  state,  is  yet  not,  a  slaveholder,  but  has  the  capacity 
to  appreciate,  and  the  boldness  and  integrity  requisite  faithfully  to 
discharge  his  duty,  regardless  of  the  possible  effect  it  might  have  upon 
the  election  of  some  petty  politician  in  a  distant  state. 

"  In  his  stead  we  have  one  appointed  who  is  ignorant  of  our  condi 
tion,  a  stranger  to  our  people ;  who  we  have  too  much  cause  to  fear 
will,  if  no  worse,  prove  no  more  efficient  to  protect  us  than  his  pre 
decessors. 

"  With,  then,  a  government  which  has  proved  imbecile — has  failed 
to  enforce  the  laws  for  our  protection — with  an  army  of  lawless  ban 
ditti  overrunning  our  country — what  shall  we  do? 

"  Though  we  have  full  confidence  in  the  integrity  and  fidelity  of 
Mr.  Woodson,  now  acting  as  governor,  we  know  not  at  what  moment 
his  authority  will  be  superseded.  We  cannot  await  the  convenience 
in  coming  of  our  newly  appointed  governor.  We  cannot  hazard  a 
second  edition  of  imbecility  or  corruption. 

"  We  must  act  at  once  and  effectively.  These  traitors,  assassins, 
and  robbers  must  be  punished ;  must  now  be  taught  a  lesson  they 
will  remember. 

"  We  wage  no  war  upon  men  for  their  opinions ;  have  never  at 
tempted  to  exclude  any  from  settling  among  us ;  we  have  demanded 
only  that  all  should  alike  submit  to  the  law.  To  all  such  we  will 
afford  protection,  whatever  be  their  political  opinions.  But  Lane's 
army  and  its  allies  must  be  expelled  from  the  territory.  Thus  alone 
can  we  make  safe  our  persons  and  property — thus  aloue  can  we  bring 
peace  to  our  territory. 

"To  do  this  we  will  need  assistance.  Our  citizens  unorganized, 
many  of  them  unarmed,  for  they  came  not  as  soldiers — though  able 
heretofore  to  assemble  a  force  sufficient  to  compel  the  obedience  of 
the  rebels,  now  that  they  have  been  strengthened  by  this  invading 
army,  thoroughly  drilled,  perfectly  equipped,  mounted,  and  ready  to 
march  at  a  moment's  notice  to  attack  our  defenceless  settlements — 
may  be  overpowered.  ^Should  we  be  able  even  to  vanquish  this  addi 
tional  force,  we  ai-e  threatened  with  a  further  invasion  of  like  cha- 
ra«ter  through  Iowa  and  Nebraska. 

"This  is  no  mere  local  quarrel;  no  mere  riot;  but  it  is  a  war!  a 
war  waged  by  an  army!  a  war  professedly  for  our  extermination.  It 
is  no  mere  resistance  to  the  laws ;  no  simple  rebellion  of  our  citizens. 


ACTING-GOVERNOR  WOODSON.  131 

but  a  war  of  invasion — the  army  a  foreign  army — properly  named  the 
*  army  of  the  north.' 

"  It  is  then  not  only  the  right  but  the  duty  of  all  good  citizens  of 
Missouri  and  every  other  state  to  come  to  our  assistance,  and  enable 
us  to  expel  these  invaders. 

"  Mr.  Woodson,  since  the  resignation  of  Governor  Shannon,  in  the 
absence  of  Governor  Geary,  has  fearlessly  met  the  responsibilities  of 
the  trust  forced  upon  him,  has  proclaimed  the  existence  of  the  rebel 
lion,  and  called  on  the  militia  of  the  territory  to  assemble  for  its  sup 
pression. 

"  We  call  on  you  to  come!  to  furnish  us  assistance  in  men,  provi 
sions,  and  munitions,  that  we  may  drive  out  the  'army  of  the  north,' 
•who  would  subvert  our  government  and  expel  us  from  our  homes. 

"  Our  people  though  poor,  many  of  them  stripped  of  their  all, 
others  harassed  by  these  fiends  so  that  they  have  been  unable  to 
provide  for  their  families,  are  yet  true  men ;  will  stand  with  you 
shoulder  to  shoulder  in  defence  of  rights,  of  principles  in  which  you 
have  a  common  if  not  deeper  interest  than  they. 

"  By  the  issue  of  this  struggle  is  to  be  decided  whether  law  or  law 
lessness  shall  reign  in  our  country.  If  we  are  vanquished  you  too 
will  be  victims.  Let  not  our  appeal  be  in  vain!" 

The  Squatter  Sovcreif/n,  an  incendiary  newspaper,  published 
and  edited  by  Messrs.  Stringfellow  and  Kelly,  at  Atchison, 
in  Doniphan  county,  also  lent  its  aid  to  increase  the  excitement 
and  embarrass  the  action  of  the  governor,  whose  arrival  was 
daily  expected.  Its  articles  were  highly  inflammatory,  calling 
loudly  for  war  and  the  extermination  of  the  free-state  people. 
Its  complaints  against  the  administration  for  the  appointment 
of  Geary,  were  uttered  in  no  stinted  terms.  "  No  northern 
man,"  it  alleged,  "  was  fit  to  govern  Kansas."  John  H. 
Stringfellow,  one  of  the  editors,  is  notorious  for  his  violence. 
He  has  been  arrested  and  indicted  on  sundry  charges  of  horse- 
stealing  and  other  crimes;  whilst  Robert  S.  Kelly,  his  asso 
ciate,  who  was  so  conspicuous  in  the  outrages  upon  Rev  Pardee 
Butler,  declared  that  he  could  never  die  happy  until  he  had 
killed  an  abolitionist.  "  If,"  said  he,  "I  can't  kill  a  man, 
I'll  kill  a  woman;  and  if  I  can't  kill  a  woman,  I'll  kill  a  child !" 
That  such  men  should  do  all  in  their  power  to  embarrass  an 
impartial  executive  and  prevent  the  restoration  of  peace,  is  no 
subject  for  astonishment. 

But  the  most  reprehensible  character  in  the  drama  being 
enacted,  all  things  considered,  was  the  secretary  of  the  terri 
tory,  then  acting-governor.  Without  a  will  of  his  own,  he 
became  the  subtle  tool  of  the  designing  men  with  whom  he 
was  surrounded,  and  was  inveigled  into  the  commission  of  an 


132  HISTORY  OP  KANSAS. 

act  which  words  can  scarcely  condemn  with  sufficient  severity. 
More  than  three  weeks  after  Governor  Geary  had  received  hig 
commission,  and  Secretary  Woodson  had  every  reason  to  believe 
that  he  was  on  his  way  to  the  territory,  that  weak-minded,  if 
not  criminally  defective  officer,  issued  the  following : — 

"  PROCLAMATION. 

"  By  the  acting  governor  of  the  Territory  of  Kansas. 

"  WHEREAS,  satisfactory  evidence  exists  that  the  territory  of  Kansas 
is  infested  with  large  bodies  of  armed  men,  many  of  whom  have  just 
arrived  from  the  states,  combined  and  confederated  together,  and 
amply  supplied  with  all  the  munitions  of  war,  under  the  direction  of 
a  common  head,  with  a  thorough  military  organization,  who  have 
been  and  are  still  engaged  in  murdering  law-ubiding  citizens  of  the 
territory,  driving  others  from  their  homes,  and  compelling  them  to 
flee  to  the  states  for  protection,  capturing  and  holding  others  as 
prisoners  of  war,  plundering  them  of  their  property,  and  in  some 
instances  burning  down  their  houses  and  robbing  United  States  post 
offices,  and  the  local  militia  of  the  arms  furnished  them  by  the  govern 
ment,  in  open  defiance  and  contempt  of  the  laws  of  the  territory,  and 
of  the  constitution  and  laws  of  the  United  States,  and  of  civil  and 
military  authority  thereof — all  for  the  purpose  of  subverting  by 
force  and  violence,  the  government  established  by  law  of  Congress 
in  this  territory. 

"Now,  therefore,  I,  Daniel  Woodson,  acting  governor  of  the  terri 
tory  of  Kansas,  do  hereby  issue  my  proclamation  declaring  the  said 
territory  to  be  in  a  state  of  open  insurrection  and  rebellion  ;  and  I  do 
hereby  call  upon  all  law-abiding  citizens  of  the  territory  to  rally  to 
the  support  of  their  country  and  its  laws,  and  require  and  command 
all  officers,  civil  and  military,  and  all  other  citizens  of  the  territory 
to  aid  and  assist  by  all  means  in  their  power,  in  putting  down  the 
insurrectionists,  and  bringing  to  condign  punishment  all  persons 
engaged  with  them,  to  the  end  of  assuring  immunity  from  violence, 
and  full  protection  to  the  persons,  property,  and  civil  rights  to  all 
peaceable  and  law-abiding  inhabitants  of  the  territory. 

"  In  testimony  whereof,  I  have  hereunto  set  iny  hand  and  caused 
to  be  attached  the  seal  of  the  territory  of  Kansas. 

, — • — ,  "Done  at  the  city  of  Lecompton.  this  _>5th  day  of 

August,  in  the  year  of  our  Lord,  eighteen  hundred  and 
•>AL.    >      fifty-six,  and  of  the  independence  of  the  United  States 
^  ' — , — •  '      the  eightieth. 

"  DANIEL  WOODSON, 
"  Acting  Governor,  K.  T." 

This  proclamation,  calling  for  volunteer  militia  from  Mis 
souri  and  elsewhere  out  of  the  territory,  exhibits  an  utter  lack 
of  sound  judgment,  and  came  nigh  proving  more  disastrous  to 
the  country  than  all  the  events  combined  that  have  yet  trans 
pired.  Not  satisfied,  however,  with  the  proclamation,  which, 


CIVIL  WAR  PREVENTED.  133 

of  itself,  was  sufficiently  mischievous,  he  wrote  private  letters 
to  parties  in  Missouri,  calling  for  men,  money  and  munitions 
of  war,  to  carry  out  his  partisan  purposes.  This  proclamation 
and  these  letters  called  together  thousands  of  men,  mostly 
from  Missouri,  with  passions  inflamed  to  the  highest  degree, 
and  whose  only  thought  and  full  determination,  was  wholesale 
slaughter  and  destruction.  From  the  hour  they  entered  the 
territory  until  they  again  passed  its  borders,  their  path  was 
marked  with  bloodshed  and  ruin.  There  was  scarcely  a  crime 
in  the  vast  category  of  crimes  that  they  did  not  commit  with 
a  brutality  scarcely  conceivable  in  beings  bearing  the  human 
form.  It  would  be  disgusting  and  sickening  to  recapitulate 
the  wanton  atrocities,  the  hellish  cruelties,  perpetrated  by  these 
bands  of  volunteer  militia.  When  Governor  Geary  appeared 
among  them  at  their  camp  at  Franklin,  as  will  hereafter  be 
related,  and  made  known  his  purpose  to  disband  them,  it  was 
with  difficulty  that  their  leaders  could  restrain  their  fiendish 
appetites  and  prevent  the  consummation  of  their  shocking 
designs.  The  presence  of  the  governor  there  was  most  oppor 
tune.  An  hour  or  two  later,  the  town  of  Lawrence  would 
have  been  in  ashes;  every  man,  woman  and  child  in  it,  would 
have  been  ruthlessly  slaughtered;  and  several  thousands  of 
human  bloodhounds  thirsting  for  vengeance,  would  have  been 
let  loose  upon  the  territory  with  uncontrollable  fury,  to  lay 
waste  and  desolate  whatever  came  in  their  way.  It  is  impos 
sible  to  imagine  the  extent  of  the  calamities  and  horrors  that 
would  have  ensued.  The  alarm  would  have  spread  beyond 
the  boundaries  of  Kansas  to  every  state  and  territory  of  the 
Republic;  the  tocsin  of  war  would  have  sounded  from  one 
extremity  of  the  Union  to  the  other;  and  as  bloody  a  civil 
strife  as  the  world  has  ever  known  must  have  been  the  result. 
For  this  act  of  the  secretary,  which,  but  for  the  timely  inter 
ference  of  Governor  Geary,  would  have  been  productive  of 
unspeakable  evils,  President  Buchanan,  with  characteristic 
generosity,  has  rewarded  Mr.  Woodson  with  the  office  of  re 
ceiver  for  the  Delaware  Land  District. 


12 


l.'U  HISTOEY  OF  KANSAS. 


CHAPTER  XXII. 

The  Missouri  army. — Orders  to  the  adjutant  and  inspector-generals  of  the 
territory. — Dispatch  to  Secretary  Marcy. — Dispatches  from  General 
Heiskell. — Message  from  the  governor's  special  agent. — Requisition  for 
troops. — Visit  of  the  governor  to  Lawrence,  and  return  to  Lecompton. 

IT  was  the  fixed  purpose  of  Secretary  Woodson  to  keep 
Governor  Geary  in  ignorance  of  the  extensive  preparations 
that  were  being  made  to  attack  and  destroy  the  free-state  set 
tlements.  As  yet,  the  governor  had  not  seen  Woodson's  procla 
mation,  and  he  regarded  the  demonstrations  on  the  Missouri 
Hi  ver  more  in  the  light  of  a  farce  than  a  dangerous  reality.  When, 
upon  entering  the  steamer,  at  Jefferson  City,  he  was  accosted 
by  an  armed  ruffian,  who  assured  him  that  if,  upon  his  arrival 
in  Kansas,  he  attempted  to  interfere  with  the  arrangements 
of  the  pro-slavery  party,  he  would  be  assassinated,  he  treated 
the  warning  with  contempt,  as  he  did  others  of  a  similar  cha 
racter,  made  at  different  stages  of  his  journey.  But  at  Le 
compton  everything  assumed  so  quiet  an  aspect,  and  the  secre 
tary  appeared  so  composed  and  placid,  that  the  governor  had 
no  reason  to  suspect  that  a  conspiracy  was  then  being  consum 
mated  on  a  grand  and  terrible  scale,  to.  thwart  the  objects  of 
his  mission  and  deluge  the  country  in  blood. 

Without,  therefore,  perceiving  the  heavy  cloud  that  was 
rapidly  increasing  in  magnitude  and  darkness,  and  about  to 
break  with  frightful  fury  over  the  territory,  the  governor  was 
proceeding  deliberately  to  institute  the  policy  made  known  in 
his  inaugural  address,  and  to  disband  the  militia  of  the  terri 
tory,  in  common  with  other  armed  bodies,  in  accordance  with 
his  proclamation.  To  this  end  he  verbally  instructed  Secre 
tary  Woodson,  and  issued  the  following  orders  to  the  proper 
military  officers : — 

"  Executive  Department, 

"Lecompton,  K.  T.,  Sept.  12,  1856. 
"AD.TT.-GEN.  II.  J.  STRICKLER: 

"  Dear  Sir: — You  will  proceed  without  a  moment's  delay  to  disarm 
and  disband  the  present  organized  militia  of  the  territory,  in  accord 
ance  with  the  instructions  of  the  President,  and  the  proclamations 
Which  I  have  issued,  copies  of  which  you  will  find  enclosed.  You 


135 

Will  also  take  care  to  have  the  arras  belonging  to  the  territory  depo- 
eited  in  a  place  of  safety  and  under  proper  accountability. 

"  Yours,  &c., 

"Jxo.  W.  GEAKY, 

"Governor  of  Kansas  Territory." 

"  Executive  Dapartment, 

"Lecompton,  K.  T.,  Sept.  12,  1856. 
"INSPECTOR-GEN.  THOS.  J.  B.  CRAMER: 

"  Sir : — You  will  take  charge  of  the  arms  of  the  Territory  of 
Kansas,  now  in  the  hands  of  the  militia  about  to  be  disbanded  and 
mustered  out  of  the  service  by  the  adjutant-general.  You  will  also 
carefully  preserve  the  same  agreeably  to  the  loth  section  of  the  act 
of  assembly,  to  organize,  discipline,  and  govern  the  militia  of  the 
territory. 

"Yours,  &c., 

"JNO.  W.  GEARY, 
"  Governor  of  Kansas  Territory." 

Notwithstanding  the  positive  character  of  these  orders,  they 
were  utterly  disregarded  by  the  parties  to  whom  they  were 
addressed,  who  lingered  about  Lecompton  with  an  air  of  self- 
satisfaction  which  could  only  be  regarded  as  disrespectful  and 
insulting  to  the  governor,  who  not  only  administered  to  them 
a  severe  rebuke,  but,  suspecting  that  treachery  was  somewhere 
at  work,  he  forthwith  dispatched  confidential  messengers  on 
the  road  toward  Westport,  to  ascertain,  if  possible,  what  ope 
rations  were  going  forward  in  that  vicinity. 

He  likewise,  on  the  same  day,  forwarded  the  following  letter 
to  the  secretary  of  state  : — 

"Executive  Office, 

Lecompton,  K.  T.,  Sept.  12,  1856. 
"  HON.  WM.  L.  MARCY. 

"  Secretary  of  State,  Washington,  D.  C. 

"My  dear  Sir: — I  arrived  here  late  on  the  night  of  the  10th  inst., 
having  crossed  from  Fort  Leavenworth  with  an  escort  furnished  me 
by  General  Smith.  On  the  road,  I  witnessed  numerous  evidences  of 
the  atrocities  that  are  being  committed  by  the  bands  of  marauders 
that  infest  the  country.  In  this  place  everything  is  quiet;  which  is 
attributable  to  the  presence  of  a  large  force  of  United  States  troops. 
The  trial  of  the  United  States  prisoners  was  to  have  taken  place  on 
the  day  of  my  arrival ;  but  in  consequence  of  the  absence  of  the  dis 
trict-attorney,  and  the  non-appearance  of  witnesses,  it  was  deferred 
until  the  next  regular  term  of  the  court.  Judge  Lecompte  admitting 
the  prisoners  to  bail  in  the  sum  of  five  thousand  dollars  each.  They 
departed  on  the  same  day  for  Lawrence,  where  Lane  still  continues 
iu  force. 

"  Accompanying  this  you  will  lind  printed  copies  of  my  inaugural 


136  HISTORY  OF  KANSAS. 

address  nnd  my  first  proclamations,  which  -will  exhibit  the  policy  I 
have  thus  far  thought  proper  to  pursue. 

"  I  have  determined  to  dismiss  the  present  organized  militia,  after 
consultation  with  and  by  the  advice  of  General  Smith ;  and  for  the 
reasons  that  they  were  not  enrolled  in  accordance  with  the  laws ; 
that  many  of  them  are  not  citizens  of  the  territory  ;  that  some  of 
them  w^re  committing  outrages  under  the  pretence  of  serving  the 
public  ;  and  that  they  were  unquestionably  perpetuating,  rather  than 
diminishing,  the  troubles  with  which  the  territory  is  agitated. 

"  I  have  also,  as  you  will  see,  taken  the  proper  steps  to  enroll  the 
militia  of  the  territory,  agreeably  to  the  act  of  assembly,  and  to  your 
instructions  of  September  2d.  I  trust  that  the  militia,  thus  organized, 
may  be  rendered  serviceable  to  the  government.  It  is  probable  also 
that  fhese  proclamations  may  have  the  tendency  to  disband  the  free- 
state  organizations  at  Lawrence. 

"  Nothing  of  material  importance  has  occurred,  or  come  under  my 
notice,  since  I  last  addressed  you.  I  shall  continue  to  keep  you 
apprised  of  all  matters  that  I  may  deem  of  sufficient  interest  to  com 
municate. 

"  As  there  is  no  telegraphic  communication  nearer  than  Boonville, 
I  am  compelled  to  trust  my  dispatches  to  the  mails,  which  are  now  in 
this  region  somewhat  uncertain. 

"  Most  truly  and  respectfully,  your  obedient  servant, 

"Jno.  W.  GEARY." 

At  the  time  of  writing  the  above,  the  strength,  movements 
nnd  designs  of  the  Missouri  army  were  unknown  to  Governor 
Geary;  but  soon  afterwards  their  plans  and  operations  began 
to  be  Developed.  Shortly  after  midnight,  on  the  morning  of 
September  13th,  the  governor  received  a  messenger  bearing 
the  following  remarkable  dispatch  : — 

"  Head  Quarters,  Mission  Creek,  K.  T., 

"llth  September,  1856. 
"To  His  EXCELLENCY,  J.  W.  GEARY, 

"Governor  of  Kansas  Territory. 

"  Sir:  In  obedience  to  the  call  of  Acting-Governor  Woodson,  I  havo 
organized  a  militia  force  of  about  eight  hundred  men,  who  are  now 
in  the  field,  ready  for  duty,  aud  impatient  to  act.  Hearing  of  your 
arrival,  I  beg  leave  to  report  them  to  you  for  orders.  Any  communi 
cation  forwarded  to  us,  will  find  us  encamped  at  or  near  this  point. 
"I  have  the  honor  to  be,  respectfully,  your  obdt.  servant, 

"  WM.  A.  HEISKILL, 
"Brig   Gen.  Commanding  First  Brigade, 

"  Southern  Division,  Kansas  Militia. 
"  By  order, 

"L.  A.  MACLEAN,  Adjutant." 

Not  more  than  an  hour  after  the  receipt  of  the  foregoing,  a 
second  messenger  arrived,  himself  almost  exhausted  with  a 


• 
LAWRENCE  THREATENED.  137 

loner  and  fast  ride  and  his  horse  nearly  broken  down,  and  pre 
sented  the  following : — 

"  Head  Quarters,  Mission  Camp, 

"  1'Jth  September,  1856. 
"  To  His  EXCELLENCY,  J.  W.  GEARY, 

"  Governor  of  Kansas  Territory. 

"Sir:  Yesterday  I  had  the  honor  to  report  to  you  my  command 
of  Kansas  Militia,  then  about  eight  hundred  strong,  which  was 
dispatched  via  Leavenworth.  In  case  it  may  not  have  reached  you, 
T  now  report  one  thousand  men  as  territorial  militia,  called  into  the 
field  by  proclamation  of  Acting-Governor  Woodson,  and  subject  to 
your  orders. 

"  I  have  the  honor  to  be,  respectfully,  your  obedt.  servt., 

"  WM.  A.  HEISKELL, 
"Brig.  Gen.  Commanding  First  Brigade, 

"  Southern  Div.,  Kansas  Militia. 
"By  order, 

"  L.  A.  MACLEAN,  Adjutant." 

Without  a  moment's  hesitation,  the  governor  determined  at 
once  to  disband  these  troops  and  send  them  brfek  to  their 
homes  ]  and  he  accordingly  answered  the  dispatches  of  General 
Heiskell,  as  follows : — 

"Executive  Office,  Lecompton,  K.  T., 

"September  12,  1856,  1£  o'clock. 
"  BRIG.  GEN.  WM.  A.  HEISKELL. 

"Sir:  Your  first  and  second  dispatches  have  been  received.  I  will 
communicate  with  you  through  the  person  of  either  the  secretary  of 
the  territory,  or  the  adjutant-general,  as  soon  as  he  can  reach  your 
camp,  he  starting  from  this  place  at  an  early  hour  this  morning. 

"  Very  respectfully  yours, 

"  JNO.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

Whilst  the  foregoing  was  being  written,  a  message  was 
received  from  a  special  agent  of  the  governor,  .dated  at  Law 
rence,  in  which  he  says : — 

"I  arrived  here  a  few  moments  ago,  and  distributed  the 
address  and  proclamations,  and  found  the  people  prepared  to 
repel  a  contemplated  attack  from  the  forces  coming  from  Mis 
souri.  Reports  are  well  authenticated,  in  the  opinion  of  the 
best  men  here,  that  there  are  within  six  miles  of  this  place  a 
large  number  of  men — three  hundred  have  been  seen.  *  * 
At  this  moment  one  of  the  scouts  came  in,  and  reports  the 
forces  marching  against  them  at  Franklin,  three  miles  off,  and 
all  have  flown  to  their  arms  to  meet  them." 
12* 


138  HISTORY  OF  KANSAS. 

This  message  was  enclosed  with  the  following  dispatch,  and 
sent  immediately  to  Colonel  Cook,  commanding  United  States 
forces  near  Lecompton  : — 

"Executive  Office,  Lecompton,  K.  T., 

"Sept.  13,  1856,  at  J£  o'clock,  A.  M. 
"  COL.  P.  ST.  GEORGE  COOK. 

"Dear  Sir:  The  accompanying  dispatch,  just  received  from  Law 
rence,  gives  sufficient  reason  to  believe  that  trouble  of  a  serious 
character  is  likely  to  take  place  there.  Mr.  Adams,  the  writer  of 
the  dispatch,  is  the  special  agent  whom  I  sent  down  last  evening  to 
ascertain  the  state  of  affairs.  I  think  you  had  better  send  immediately 
to  Lawrence  a  force  sufficient  to  prevent  bloodshed,  as  it  is  my  orders 
from  the  President  to  use  every  possible  means  to  prevent  collisions 
between  belligerent  troops.  If  desirable,  I  will  accompany  the  forces 
myself,  and  should  be  glad  to  have  you  go  along. 
"  Truly  yours, 

"Jxo.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

About  one  hour  after  this  dispatch  was  sent  to  the  camp  of 
Colonel  Cook,  say  at  half-past  two  o'cloc-k,  on  the  morning  of 
September  13th,  that  officer,  with  three  hundred  mounted 
soldiers  and  four  pieces  of  artillery,  and  accompanied  by 
Governor  Geary,  left  for  Lawrence,  which  town  they  reached 
at  early  sunrise.  Here  they  learned  that  the  danger  was  not 
so  imminent  as  had  been  apprehended.  The  city  was  fortified 
at  every  point,  and  the  inhabitants  generally  under  arms. 
There  were  not  over  three  hundred  men  in  the  city.  These 
were  assembled  together,  and  addressed  at  great  length  by  the 
governor,  who  cautioned  them  against  the  commission  of  any 
unlawful  acts,  and  promised  them  ample  protection  in  case 
they  should  be  attacked. 

He  was  received  with  much  cordiality,  listened  to  with 
marked  attention  and  respect,  and  heartily. cheered  at  the  con 
clusion  of  his  speech.  Finding  no  immediate  necessity  for 
his  presence,  and  receiving  intelligence  that  he  was  needed  at 
Lecompton,  in  consequence  of  serious  difficulties  that  had 
sprung  up  in  that  neighborhood,  the  governor  made  all  pro 
per  arrangements  for  any  emergency  that  might  arise  at  Law 
rence,  and  with  Colonel  Cook,  and  his  command,  returned  to 
Lecompton  in  the  afternoon  of  the  same  day. 


OUTRAGES  AT  OSAWKEE.  139 


CHAPTER  XXIII. 

Excitement  at  Lecompton. — Affidavit  of  W.  F.  Dyer. — Requisition  for 
troops. — The  battle  at  Hickory  Point. — Arrest  of  one  hundred  and  one 
free-state  prisoners. — The  killing  of  Grayson,  a  pro-slavery  man. — Treat 
ment  of  the  prisoners. — Conduct  of  Judges  Lecompte  and  Cato. — Trial 
and  sentence  of  the  prisoners,  and  their  subsequent  treatment. 

UPON  his  return  to  Lecompton,  the  governor  found  his 
office  beset  with  crowds  of  persons,  all  of  them  greatly  ex 
cited,  and  many  seriously  alarmed,  in  consequence  of  a  sup 
posed  intended  assault  by  a  large  body  of  men  belonging  to 
Lane's  party,  on  the  pro-slavery  settlements  at  Hardteville, 
(known  as  Hickory  Point,)  Osawkee,  and  the  surrounding 
neighborhoods.  It  was  alleged  that  on  that  day,  and  several 
days  previous,  stores  had  been  broken  into  and  robbed,  horses 
had  been  stolen,  cattle  driven  off,  and  other  similar  outrages 
committed;  and  that  there  was  abundant  reason  for  appre 
hension  that  additional  atrocities  were  about  to  be  committed. 
The  inhabitants  had  hastily  fled  in  terror  from  their  dwellings, 
fearful  that  their  lives  were  in  danger,  and  numbers  had 
made  their  way  to  Lecompton  to  seek  protection  and  redresa 
from  the  governor. 

Among  the  most  importunate  of  the  complainants  was  Dr. 
William  H.  Tebbs,  a  prominent  member  of  the  pro-slavery 
party.  He,  among  others,  insisted  upon  some  immediate  ac 
tion  being  taken  to  secure  the  persons  complained  of,  and  to 
save  the  property  declared  to  be  endangered.  It  was  quite 
late  in  the  evening  when  the  governor  arrived,  and  during  the 
night  the  excitement  increased,  as  other  settlers  came  in,  each 
having  some  tale  of  horror  to  relate.  There  were  no  courts 
in  session — no  judges  or  magistrates  at  hand  to  hear  these 
complaints  and  issue  process  against  the  offenders,  in  legal 
form.  After  much  difficulty,  a  Mr.  Dyer  succeeded  in  find 
ing  a  justice  of  the  peace,  before  whom  he  swore  and  sub 
scribed  to  the  following  affidavit,  which  he  placed  in  the 
hands  of  the  governor  on  Sunday  morning,  September  14th : 

"  Territory  of  Kansas,  Douglas  County. 

"Personally  appeared  before  a  justice  in  and  for  Douglas  county, 
Kansas  Territory,  William  F.  Dyer,  and  being  duly  sworn,  says,  that 
Col.  tt'hipple,  at  the  head  of  a  hundred  or  more  men,  among  whom 


140  HISTORY  OF  KANSAS. 

were  J.  "Ritchie,  Ephraim  Bainter,  J.  0.  B.  Dunning,  Captain  Jamison, 
and  others  not  known  to  him,  did,  on  Monday,  September  8,  1856, 
rob  him  of  six  head  of  mules  and  horses,  and  various  articles  of 
merchandise,  amounting  in  value  to  more  than  a  thousand  dollars ; 
and  on  Tuesday  following,  it  being  the  9th  of  September,  1856,  the 
same  men  robbed  him  of  various  articles  of  merchandise,  amounting 
in  value  to  over  three  thousand  dollars ;  and  that  this  day,  it  being 
Saturday,  September  13,  1856,  the  same  men  were  assembled  at- 
Osawkee,  about  8  o'clock,  A.  M.,  as  he  believed  for  the  purpose  of 
robbing  and  burning  the  town  and  country  round  about,  and  attacking 
the  town  of  Hardtville  this  evening. 

"W.  F.  DYER. 

"  Subscribed  and  sworn  this  13th  day  of  September,  1856,  before 
me,  R-  R.  NELSON, 

"Justice  of  the  Peace." 

Upon  the  receipt  of  this  affidavit,  the  statements  of  which 
were  confirmed  by  other  reliable  witnesses,  a  requisition  was 
made  upon  Colonel  Cooke,  as  follows  : — 

"Executive  Department, 

"Lecompton,  K.  T.,  Sept.  14,  1856. 
"  COL.  P.  ST.  G.  COOK  : 

"Dear  Sir:  You  will  perceive  by  the  accompanying  affidavit,  and 
from  verbal  statements  that  will  be  made  to  you  by  Dr.  Tebbs,  that 
a  desperate  state  of  affairs  is  existing  at  Osawkee  and  its  vicinity, 
which  seems  to  require  some  action  at  our  hands.  I  strongly  recom 
mend  that  you  send  a  force,  such  as  you  can  conveniently  spare,  to 
visit  that  neighborhood,  at  the  earliest  moment.  If  such  a  force 
cannot  succeed  in  arresting  the  perpetrators  of  the  outrages  already 
committed,  and  of  which  complaint  has  been  made  in  due  form,  it 
may  at  least  tend  to  disperse  or  drive  off  the  band  or  bauds  of  ma 
rauders  who  are  threatening  the  lives  and  property  of  peaceable  citi 
zens.  The  deputy  marshal  will  accompany  such  troops  as  you  may 
judge  expedient  to  detail  on  this  service. 

"  Very  respectfully  and  truly  yours, 

"J.\o.  W.  GEARY, 
"  Governor  of  Kansas  Territory." 

Colonel  Cook  immediately  detailed  a  squadron  of  United 
States  dragoons  to  pursue  the  alleged  marauders,  and  protect 
the  threatened  neighborhood.  They  forded  the  river  at  Le- 
compton  a  little  before  sunset,  and  about  midnight  fell  in  with 
a  party  of  men,  of  whom  they  made  one  hundred  and  one  pris 
oners,  without  resistance.  This  party  was  mostly  mounted, 
and  well  armed  with  rifles,  pistols  and  bowie-knives,  and  had  one 
brass  field-piece  and  several  wagons,  all  of  which  were  captured 
and  brought  into  Lecompton  early  on  the  morning  of  Monday, 
September  15th.  They  were  said  to  be  a  detachment  of  Lane's 


FIGHT  AT  HICKORY  POINT.  141 

forces,  under  command  of  Captain  Harvey,  and  had  come  from 
Lawrence  on  Saturday  the  loth,  with  a  view  to  join  a  large  body 
from  Topeka.  They  had  been  engaged  in  an  affray  at  Hickory 
Point,  about  twelve  miles  from  Lecompton,  and  one  mile  from 
the  place  at  which  they  were  taken,  on  the  afternoon  of  Sun 
day.  The  full  particulars  of  this  fight  and  capture  of  the 
prisoners  will  be  found  in  the  governor's  dispatch  to  Secretary 
Marcy,  of  the  16th  September.  The  prisoners  at  first  denied 
having  been  guilty  of  any  overt  act,  and  claimed  to  have  been 
peaceable  citizens,  banded  together  for  mutual  protection.  But 
upon  being  taunted  by  some  prominent  pro-slavery  men  in 
regard  to  the  dilemma  in  which  they  were  placed,  they  ac 
knowledged  the  whole  story  of  the  Hickory  Point  fight,  and 
made  themselves  merry  in  describing  what  they  pronounced  the 
cowardice  of  the  opposite  party.  They  called  it  a  '  free-fight/ 
in  which  they  said  all  concerned  were  equally  at  fault.  They 
seemed  to  apprehend  no  serious  results  from  their  capture ; 
and  some  of  them  even  proposed  to  the  persons  who  were  taking 
advantage  of  their  helpless  condition  to  insult  them,  that  they 
should  be  allowed  another  opportunity  to  fight  the  matter  out. 
"  We  will  give  you  two  to  one  in  numbers/'  says  one,  "  and  an 
equality  of  arms,  if  you  will  only  give  us  an  open  field  and 
fair  play."  Being  asked  if  they  had  not  read  the  governor's 
proclamation,  one  of  the  leaders  readily  and  wittily  replied, 
"Oh,  yes,  and  before  we  commenced  our  fire  upon  the  border- 
rulfians,  we  read  the  proclamation  to  them,  and  commanded 
them  to  surrender  in  the  name  of  the  governor." 

A  man  named  Grayson  was  killed  by  a  soldier  shortly  after 
the  capture  of  these  prisoners.  He  was  a  pro-slavery  man,  and 
had  been  acting  as  a  guide  to  the  troops.  He  attempted  to 
pass  the  guard  during  the  night,  which  was  dark,  when  being 
hailed,  he  supposed  he  was  accosted  by  an  enemy,  and  suddenly 
turned  and  shot  the  sentinel  in  the  shoulder.  Another  of  the 
guard,  witnessing  the  transaction,  immediately  discharged  his 
pistol,  the  ball  from  which  took  effect  in  the  breast  of  Graysou, 
killing  him  instantly. 

The  prisoners  were  conducted  to  the  United  States  encamp 
ment  on  the  outskirts  of  Lecompton,  where  they  were  detained 
some  time  without  proper  shelter  from  the  weather  or  sufficient 
rations.  Their  preliminary  examination  was  procrastinated  to 
an  unreasonable  and  almost  criminal  length  of  time  by  the 
supreme  judges.  A  hearing  was  eventually  given  them  by 
Judge  Cato,  which  was  somewhat  partial  in  its  character,  thu 


142  HISTORY  OF  KANSAS. 

prosecuting  attorney  being  the  celebrated  Joseph  C.  Anderson, 
of  Lexington,  Mo.,  a  member  of  the  Kansas  Legislature,  the 
author  of  some  of  its  most  obnoxious  laws,  and  notorious  for 
his  complicity  with  many  of  the  grossest  outrages  committed 
by  the  pro-slavery  party.  The  judge,  who  but  a  short  time 
previous  had  been  found  in  the  encampment  of  as  lawless  men 
as  those  under  examination,  committed  the  whole  party  for 
trial  on  the  charge  of  murder  in  the  first  degree.  Nothing 
would  be  heard  in  mitigation  of  their  offence  ;  nor  would  either 
Judge  Cato  or  Judge  Lecompte  permit  them  to  be  discharged 
from  custody,  upon  any  amount  or  character  of  bail,  although 
it  was  notoriously  true  that  every  pro-slavery  man  that  had 
been  arrested  in  the  territory,  no  matter  how  heinous  the  crime 
or  positive  the  proof,  for  which  he  was  committed,  had  been 
set  at  liberty  upon  worthless  bail,  by  these  same  officials j  the 
murderers  of  Barber,  of  Phillips,  of  Buffum,  and  others,  were 
all  liberated  upon  "  straw  bail,"  and  some  of  them  arc  now 
holding  offices  of  responsibility  under  the  federal  government. 

It  was  quite  palpable  that  some  of  these  prisoners  were  com 
paratively  if  not  entirely  innocent  of  any  crime;  but  this  fact 
had  no  weight  upon  the  judges.  They  were  free-state  men, 
and  that,  in  their  estimation,  was  a  crime  sufficient  to  condemn 
them  to  imprisonment  and  death.  There  were  many  cases  of 
peculiar  hardship,  one  of  which  may  be  related.  A  poor 
German,  who  scarcely  understood  the  nature  of  the  political 
contest  that  was  waging  in  the  territory,  was  working  in  his 
field  with  a  wagon  and  two  horses,  when  the  party  for  Hickory 
Point  passed  his  house.  Some  of  these  being  on  foot,  jumped 
into  his  wagon,  and  compelled  him  to  drive  them  to  the  scene 
of  action.  This  fact  was  clearly  established,  and  the  wretched 
wife  of  the  prisoner  came  on  foot  a  distance  of  nearly  twenty 
miles,  bringing  with  her  six  almost  naked  and  bare- footed 
children,  to  plead  to  the  governor  fli  behalf  of  her  husband. 
She  told  the  story  as  it  really  occurred ;  represented  her  hus 
band  as  an  industrious  and  peaceable  man,  who  had  taken  no 
part  in  any  of  the  disturbances ;  and  declared  that  unless  he 
was  set  at  liberty,  to  procure  them  a  livelihood,  herself  and 
children  were  in  danger  of  actual  starvation.  Notwithstand 
ing  all  this  was  satisfactorily  established,  and  responsible  gen 
tlemen  were  willing  to  enter  bail  for  the  prisoner's  appearance 
at  court,  the  judges  were  inexorable,  and  refused,  upon  any 
terms,  to  discharge  the  unfortunate  man. 

Colonel  Cook  finding  it  inconvenient  to  keep  the  prisoners 


TRIAL  OP  HICKORY  POINT  PRISONERS.  143 

ai  the  encampment,  and  General  Smith  having  issued  an  order 
for  their  removal,  they  were  taken  to  a  dilapidated  house  in 
Lecompton,  and  guarded  by  a  company  of  militia  under  com 
mand  of  Colonel  H.  T.  Titus.  Here  their  condition  was  truly 
deplorable.  The  building  was  insufficient  in  capacity  for  so 
many  men,  while  no  adequate  means  were  at  hand  to  provide 
them  with  food,  clothing  or  bedding.  Hence  they  were  nearly 
starved;  subject  to  constant  insults  from  their  guards;  living 
in  actual  filth;  overrun  with  vermin;  and  exposed  to  all  the 
changes  of  the  weather  in  the  most  severe  and  inclement  sea 
son  of  the  year. 

The  prisoners  received  their  trial  at  the  October  term  of  the 
fi'/st  district  court,  when  some  of  them  were  acquitted,  and 
others  convicted  of  various  degrees  of  manslaughter.  These 
were  sentenced  to  terms  of  confinement  varying  from  five  to 
ten  years,  at  hard  labor,  and  to  wear  a  ball  and  chain. 

Sheriff  Jones,  who  was  disappointed  in  not  being  allowed 
by  the  verdict  to  hang  these  prisoners,  agreeably  to  his  ex 
pressed  desire,  was  nervously  anxious  to  see  the  ball  and  chain 
applied,  and  accordingly  wrote  to  Governor  Geary,  then  at  Fort 
Leavenworth,  as  follows  : — 

"Lecompton,  Nov.  17,  1856. 

'•Sir: — It  is  indispensably  necessary  that  balls  and  chains  should 
he  furnished  for  the  safety  of  the  convicts  under  my  charge,  and 
understanding  that  the  same  can  be  procured  by  your  application  to 
General  Smith,  I  will  request  that  you  will  procure  and  have  them 
sent  over  at  the  earliest  day  possible. 

"  Very  respectfully,  your  obedt.  servt., 

"  SAML.  J.  JONES, 
"  Sheriff  of  Douglas  county. 
44  His  Excellency,  Governor  Geary, 

"  Fort  Leavenworth." 

To  this  application  the  governor  replied,  upon  reaching  Le 
compton  : 

"  Executive  Department, 

"Lecompton,  K.  T.,  Nov.  21,  1856. 
•'  SAMUEL  J.  JONES,  Esq., 

44  Sheriff  of  Douglas  county. 

"  Sir:  In  reply  to  yours  of  the  17th  instant,  received  by  me  while 
at  Fort  Leavenworth,  I  have  to  remark  that  the  master  of  convicts — 
a  just  and  humane  man — with  the  aid  of  such  guard  as  he  may  re 
quire,  will  take  care  of  the  convicts,  who  are.  or  may  be  placed  under 
liis  charge,  in  such  manner  as  may  be  deemed  most  advisable  for  the 
public  interests. 

44  General  Smith  has  no  balls  and  chains  for  the  purpose  indicated 


144  HISTORY  OF  KANSAS. 

in  your  request — nor  is  it  deemed  advisable  to  procure  any,  while  the 
trial  of  the  remainder  of  the  Hickory  Point  prisoners  is  unfinished. 
"Very  respectfully,  your  obedt.  servt., 

Jxo.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

On  the  next  day,  the  governor  addressed  the  following  com 
munication  to  Captain  L.  J.  Hampton,  whom,  in  accordance 
with  an  act  of  the  territorial  legislature,  creating  that  office, 
he  appointed  master  of  convicts.  The  remission  of  the  ball 
and  chain  penalty  excited  the  unconcealed  anger  of  Jones, 
Clarke  and  other  leaders  of  the  pro-slavery  party,  whose  male 
dictions  against  the  governor,  for  his  clemency,  were  loud  and 
unstinted.  The  Lecompton  Union,  over  which  they  had  con 
trol,  was  unsparing  in  its  denunciations  : — 

"  Executive  Department, 

"  Lecompton,  K.  T.,  Nov.  22,  1856. 
"  L.  J.  HAMPTON,  Esq., 

"  Master  of  Convicts : 

"Sir:  I  have  been  requested  by  Sheriff  Jones  to  procure  balls 
and  chains,  in  accordance  with  2d  section,  22d  ch.  Kansas  Statutes, 
for  the  safety  of  the  prisoners  recent!}'  convicted  for  manslaughter 
for  participation  in  the  Hickory  Point  fight. 

"Reposing  especial  trust  and  confidence  in  your  integrity,  humanity, 
and  discretion,  I  have,  in  pursuance  of  the  statutes,  appointed  you 
master  of  convicts,  and  placed  them  under  your  supervision. 

"  By  the  organic  act,  I  am  authorized  to  grant  pardons  and  re 
prieves  for  'all  offences  against  the  laws  of  the  territory;'  and 
esteeming  the  punishment  as  described  in  the  said  section  as  cruel 
and  unusual,  and  especially  inappropriate  to  the  prisoners  alluded 
to,  I  hereby  remit  that  portion  of  their  sentence  requiring  the  use  of 
'balls  and  chains,'  and  desire  you  to  treat  the  prisoners  with  every 
humanity  consistent  with  their  safe-keeping. 

"  Your  obedient  servant, 

"  JNO.  W.  GEARY, 
"  Governor  of  Kansas  Territory." 

These  prisoners  were  not  all  rough  and  desperate  adven 
turers.  Some  of  them  were  gentlemen  of  polished  education, 
who  had  graduated  in  the  best  institutions  of  learning,  and 
belonged  to  the  most  respectable  families  in  the  country.  It 
is  true,  they  were  convicted  of  the  commission  of  an  unlawful 
act ;  but,  in  order  to  understand  the  merits  of  their  case,  it  is 
necessary  that  all  the  circumstances  connected  with  it  should 
be  fairly  weighed  and  duly  considered.  The  territory  was  in 
a  state  of  insurrection  and  rebellion.  The  whole  community 
was  iu  arms.  Aggressions  had  been  committed  by  various 


THE  FREE-STATE  PRISONERS.  145 

parties,  \*hich  had  aroused  on  all  sides  a  spirit  of  retaliation 
and  revenge.  These  same  prisoners  had  suffered  many  and 
great  abuses  from  their  pro-slavery  enemies;  and  at  the  very 
time  they  attacked  the  settlement  at  Hickory  Point,  these  lat 
ter  were  marching  in  great  force  to  effect  their  utter  annihi 
lation. 

Upon  the  disbanding  of  the  militia  in  December,  those  of 
the  prisoners  that  were  left,  one  having  died  of  privation  and 
exposure,  and  others  having  made  their  escape  despite  the 
vigilance  of  their  guards,  were  placed  in  charge  of  the  master 
of  convicts.  Captain  Hampton  was  a  Kentuckian  by  birth, 
and  a  pro-slavery  man;  but  possessed  an  honest  heart  and 
generous  disposition.  He  treated  the  prisoners  as  though  they 
were  human  beings,  and  with  as  much  kindness  and  conside 
ration  as  their  relative  positions  would  permit.  He  soon 
gained  their  confidence,  and  having  no  proper  place  for  their 
safe  confinement,  and  being  required  to  keep  them  at  work 
when  labor  could  be  obtained,  he  allowed  them  to  go  at  large 
without  a  keeper,  relying  upon  their  own  promise  to  return  to 
his  charge  at  any  specified  time. 

This  conduct  called  down  upon  Hampton  the  vengeance  of 
leading  members  of  his  party,  who  denounced  him  fiercely  for 
his  leniency,  complained  of  him  to  the  governor,  and  loudly 
.demanded  his  removal  from  office.  The  most  violent  of  those 
who  condemned  him  were  Sheriff  Jones,  the  editors  of  the 
Lecompton  Union,  and  L.  A.  Maclean,  chief  clerk  of  Sur 
veyor  Calhoun,  every  one  of  whom  was  guilty  of  greater 
offences  against  the  laws  than  the  worst  man  then  in  charge 
of  the  master  of  convicts.  When  the  pro-slavery  convention, 
which  baptized  itself  into  the  name  of  the  "  National  Democ 
racy  of  Kansas,"  met  in  Lecompton,  in  January,  Captain 
Hampton  was  violently  assailed  by  Maclean,  Jones  and  String- 
fellow,  and  his  seat  as  a  delegate  contested,  because,  as  it  was 
maintained,  his  kind  treatment  of  the  free-state  prisoners 
afforded  ample  proof  that  he  was  not  and  could  not  be  a  pro- 
slavery  man.  And  for  the  same  reason  the  Legislative  Assem 
bly  refused  to  confirm  his  appointment. 

A  good  anecdote  is  told  by  a  gentleman  from  one  of  the 
southern  states,  in  regard  to  these  free-state  prisoners,  when 
under  the  charge  of  Captain  Hampton.  Soon  after  his  arri 
val  at  Lecompton,  he  called  upon  the  governor,  and,  in  the 
course  of  conversation,  expressed  himself  with  considerable 
warmth  against  the  prisoners  who  had  committed  such  atro- 
13  K 


146  HISTORY  OF  KANSAS. 

clous  crimes  as  were  charged  against  them  in  certain  newspa 
pers  that  he  had  read.  So  horrible  an  idea  had  he  conceived 
of  the  character  of  the  men  in  question,  that  he  could  not  find 
terms  sufficiently  strong  to  express  his  execration  of  their 
doeds.  He  unquestionably  and  honestly  imagined  that  they 
were  moral  monsters  of  enormous  magnitude.  Having  ex 
pressed  a  desire  to  see  these  terrible  robbers  and  murderers 
and  assassins,  as  he  styled  them,  the  governor  directed  him  to 
the  prison,  and  assured  him  that  by  paying  it  a  visit  he  might 
gratify  his  curiosity. 

He  immediately  started,  and  after  reaching  the  designated 
neighborhood,  and  looking  in  vain  for  anything  that  resembled 
a  prison,  he  approached  two  men,  who  were  enjoying  them 
selves  with  a  game  of  quoits. 

"Can  you  tell  me,"  he  enquired,  "where  the  prison  is  in 
which  those  great  robbers  and  murderers  are  confined  ?" 

"That's  it,"  said  one  of  the  men,  pointing  to  a  house  near 
at  hand. 

"  What !  that  old  building,  falling  to  pieces,  without  either 
doors  or  windows?  You  don't  want  to  tell  me  that  they  keep 
murderers  and  thieves  and  other  criminals  there  ?" 

"  That  is  the  only  prison  we  have  here,"  replied  the  man, 
deliberately  pitching  his  quoit. 

"  Well,"  says  the  southern  gentleman,  "  I  want  to  see  those 
desperate  murderers  and  assassins." 

"I  am  one  of  them,"  says  the  quoit-player,  "and  that  is 
another,"  pointing  to  his  companion. 

"  What !  you  convicted  felons  ?  You  the  terrible  murder 
ers  about  whom  I  have  heard  so  much  ?" 

"  Yes ;  we  are  certainly  two  of  them.  The  others  are  gone 
over  to  the  House  of  Representatives,  to  hear  the  members 
abuse  the  governor." 

"  But,"  says  the  old  gentleman,  "they  don't  allow  convicted 
murderers  to  go  about  in  this  way,  without  a  guard  to  watch 
them  ?" 

"  Oh,  yes,"  says  the  man  interrogated ;  "  they  used  to  send 
a  guard  with  us,  whenever  we  we»t  over  to  the  Legislative 
Halls,  to  protect  us  against  violence  from  the  members ;  but 
they  found  that  too  troublesome  and  expensive ;  so  they  gave 
each  of  us  a  revolver  and  bowie-knife,  and  told  us  we  should 
hereafter  be  required  to  protect  ourselves." 

"  But  why  don't  you  run  away  ?  You  have  every  opportu 
nity.  There  is  nothing  to  prevent  you." 


THE  CONVICTS  PARDONED. 


147 


"  Why,  to  tell  the  truth,  we  have  often  been  persuaded  to 
do  that ;  but  then,  you  see  these  rascally  legislators  have  been 
threatening  to  assassinate  the  governor,  and  we  have  deter 
mined  to  remain  here  to  watch  them,  and  protect  him/' 

The  old  gentleman  had  no  desire  to  see  any  more  of  those 
desperate  thieves,  robbers,  murderers  and  assassins. 

There  were  but  seventeen  convicts  remaining  in  the  custody 
of  Captain  Hampton  on  the  2d  of  March,  at  which  time  they 
were  all  freely  pardoned  by  the  governor,  in  compliance  with 
numerous  petitions,  in  which  it  was  alleged  that  the  prisoners 
had,  previous  to  the  difficulty  for  which  they  were  arrested, 
uniformly  "  maintained  good  reputations ;  that  the  offence  for 
which  they  were  convicted,  was  committed  in  one  of  those 
political  contentions,  in  which  a  great  portion  of  the  people 
of  the  territory  took  an  active  part,  many  of  whom,  though 
equally,  if  not  more  guilty,  were  still  at  liberty,  and  could 
never  be  brought  to  punishment ;  that  they  had  already  suf 
fered  an  imprisonment  of  nearly  six  months ;  and  that  their 
continued  punishment  could  neither  subserve  the  ends  of  jus 
tice,  nor  the  interests  of  the  territory." 

It  might,  with  propriety,  have  been  added,  in  palliation  of 
their  offence,  that  the  most  of  those  with  whom  they  had  the 
affray  at  Hickory  Point,  comprised  a  company  of  pro-slavery 
men,  under  the  command  of  one  Captain  Robinson,  who  were 
then  on  their  way  to  join  the  Missouri  army,  about  to  destroy 
Lawrence,  and  that  in  their  march  from  the  northern  portion 
of  the  state,  they  had  committed  many  and  grievous  depreda 
tions  upon  the  free-state  settlers,  and  the  attack  upon  them 
was  partly  in  retaliation  for  the  wrongs  they  had  inflicted. 


148  HISTORY  OP  KANSAS. 


CHAPTER  XXIV. 

The  Missouri  army  of  invasion. — Letter  from  Theodore  Adams. — Governor 
Geary  proceeds  with  troops  to  Lawrence,  and  protects  the  town. — The 
governor  visits  the  camp  of  the  Missourians,  addresses  the  officers,  and 
disbands  the  forces. 

WHILST  the  governor  was  making  his  arrangements  for 
quelling  the  disturbances  at  Osawkee  and  Hickory  Point,  dif 
ficulties  of  a  more  serious  nature  were  demanding  his  atten 
tion  in  a  different  direction.  Messengers  were  constantly  ar 
riving  from  LawVence,  bringing  intelligence  that  a  large  army 
from  Missouri  was  encamped  on  the  Wakarusa  River,  and 
was  hourly  expected  to  attack  the  town.  As  these  men  styled 
themselves  territorial  militia,  and  were  called  into  service  by 
the  late  acting-governor  Woodson,  Governor  Geary  commanded 
that  officer  to  take  with  him  Adjutant-General  Strickler,  with 
an  escort  of  United  States  troops,  and  disband,  in  accordance 
with  the  proclamations  issued,  the  forces  that  had  so  unwisely 
been  assembled.  Woodson  and  Strickler  left  Lecompton  in 
the  afternoon,  and  reached  the  Missouri  camp  early  in  the 
evening. 

Here  Woodson  found  it  impossible  to  accomplish  the  object 
of  his  mission.  No  attention  or  respect  was  paid  to  him  by 
those  having  command  of  the  forces.  The  army  he  had  gath 
ered,  refused  to  acknowledge  his  authority.  He  had  raised  a 
storm,  the  elements  of  which  he  was  powerless  to  control. 
Neither  could  the  officers  be  assembled  to  receive  the  gover 
nor's  orders  from  the  adjutant-general.  The  militia  had  re 
solved  not  to  disband;  the  officers  refused  to  listen  to  the 
readi  ig  of  the  proclamation;  they  were  determined  upon  ac- 
conp dishing  the  bloody  work  they  had  entered  the  territory  to 
per'orm.  Nothing  but  the  destruction  of  Lawrence,  and  the 
ot'i  ;r  free-state  towns,  the  massacre  of  all  the  free-state  resi- 
denis,  and  the  appropriation  of  their  lands  and  other  pro 
perty,  could  satisfy  them.  Vengeance  was  theirs — they  had 
now  the  power — and  it  should  be  executed.  Governor  Geary 
was  denounced  by  such  men  as  Clarke,  Maclean,  Stringfellow 
arid  Jones,  and  sentence  of  death  was  freely  uttered  against 
him,  along  the  whole  line  of  the  encampment,  should  he  dare 
to  interfere.  Nothing,  now,  could  satisfy  them  but  abolition 


149 

blood.  This  they  intended  to  wade  through,  and  drink  to 
satiety;  nor  would  they  stop  at  anything  short  of  the  utter 
extermination  or  "wiping  out"  of  Kansas,  everything  bearing 
the  vestige  of  free-soilisra.  Never  was  collected  together 
such  a  fierce  and  furious  band.  Little  did  they  imagine  that 
for  every  abolitionist  they  "wiped  out/'  a  hundred  others 
would  arise  to  revenge  his  death !  Little  did  they  think  that 
for  every  drop  of  blood  they  shed,  rivers  of  their  own  would 
have  been  caused  to  flow !  Had  Governor  Geary  permitted 
them  to  execute  their  fiendish  work,  the  sword  of  retribution 
would  long  since  have  fallen  with  dreadful  power  upon  that 
murderous  crew.  The  measure  of  their  iniquity  would  have 
been  full,  and  Heaven  could  no  longer  have  held  back  the 
avenging  arm  of  justice;  and  ere  now,  the  slave  power,  which 
has  so  long  been  bullying  the  freemen  of  the  land,  would  have 
been  swept  into  the  ocean  of  eternity!  The  delusive  hope 
that  the  north  will  not  fight,  would  have  been  dispelled;  for 
the  weight  would  have  been  felt,  of  thousands  of  more  power 
ful  and  mighty  arms  than  any  that  have  ever  laid  the  lash 
upon  negroes'  backs.  The  entire  people  of  the  south — every 
man,  woman  and  child,  of  the  slavery  party — owe  a  debt  of 
gratitude  which  never  can  be  paid,  to  Governor  Geary,  for  his 
timely  presence  and  arrest  of  the  bloody  purpose  of  these  hot- 
brained  madmen! 

Mr.  Adams,  who  accompanied  Secretary  TToodson  to  the 
Missouri  camp,  dispatched  the  following : — 

"Lawrence,  12  o'clock,  midnight, 

"September  14,  1856. 

"  HlS  EXCELLEXCY,  GOVERNOR  GEARY: 

"Sir:  I  went  as  directed  to  the  camp  of  the  militia,  and  found  at 
the  town  of  Franklin,  three  miles  from  this  place,  encamped  three 
hundred  men,  with  four  pieces  of  artillery.  One  mile  to  the  right  on 
the  Wakarusa,  I  found  a  very  large  encampment  of  three  hundred 
tents  and  wagons.  They  claim  to  have  two  thousand  five  hundred 
men  ;  and  from  the  appearance  of  the  camp  I  have  no  doubt  they 
have  that  number.  General  Reid  is  in  command.  I  saw.  and  was 
introduced  to  General  Atchison,  Colonel  Titus,  Sheriff  Jones,  General 
Richardson,  &c.  The  proclamations  were  distributed. 

"  Secretary  Woodson  and  General  Strickler  had  not,  up  to  the  time 
I  left,  delivered  their  orders ;  but  were  about  doing  so  as  soon  as  they 
could  get  the  officers  together. 

"  The  outposts  of  both  parties  were  fighting  about  an  hour  before 
sunset.  One  man  killed  of  the  militia,  and  one  house  burned  at 
Franklin. 

12* 


150  HISTORY  OF  KANSAS. 

"  There  were  but  few  people  at  Lawrence,  most  of  them  having 
gone  to  their  homes  after  your  visit  here. 

"  I  reported  these  facts  to  the  officer  in  command  here,  and  your 
prompt  action  has  undoubtedly  been  the  means  of  preventing  the  loss 
of  blood  and  saving  valuable  property. 

"  Secretary  Woodson  thought  you  had  better  come  to  the  camp  of 
the  militia  as  soon  as  you  can.  I  think  a  prompt  visit  would  have  a 
good  effect.  I  will  see  you  as  you  come  this  way,  and  communicate 
with  you  more  fully. 

"  Very  respectfully,  your  obedt.  servt., 

"THEODORE  ADAMS." 

Before  this  dispatch  reached  Lecompton,  the  governor  had 
departed,  with  three  hundred  United  States  mounted  troops 
and  a  battery  of  light  artillery,  and  riding  speedily,  arrived  at 
Lawrence  early  in  the  evening  of  the  14th,  where  he  found 
matters  precisely  as  described.  Skilfully  stationing  his  troops 
outside  the  town,  in  commanding  positions,  to  prevent  a  col 
lision  between  the  invading  forces  from  Missouri  and  the 
citizens,  he  entered  Lawrence  alone,  and  there  he  beheld  a 
sight  which  would  have  aroused  the  manhood  of  the  most 
stolid  mortal,  and  which  another  writer  has  thus  eloquently 
described : — 

"  About  three  hundred  persons  were  found  in  arms,  deter 
mined  to  sell  their  lives  at  the  dearest  price  to  their  ruffian 
enemies.  Among  these  were  many  women,  and  children  of 
both  sexes,  armed  with  guns  and  otherwise  accoutred  for  battle. 
They  had  been  goaded  to  this  by  the  courage  of  despair. 
Lawrence  was  to  have  been  their  Thermopylae,  and  every  other 
free  town  would  have  proved  a  Saragossa.  When  men  deter 
mine  to  die  for  the  right,  a  hecatomb  of  victims  grace  their 
immolation;  but  when  women  and  children  betake  themselves 
to  the  battle-field,  ready  to  fight  and  die  with  their  husbands 
and  fathers,  heroism  becomes  the  animating  principle  of  every 
heart,  and  a  giant's  strength  invigorates  every  arm.  Each 
drop  of  blood  lost  by  such  warriors  becomes  a  dragon's  tooth, 
which  will  spring  from  the  earth,  in  all  the  armor  of  truth 
and  justice,  to  exact  a  fearful  retribution.  Had  Lawrence 
been  destroyed,  and  her  population  butchered,  the  red  right 
hand  of  vengeance  would  have  gleamed  over  the  entire  South, 
and  the  question  of  slavery  have  been  settled  by  a  bloody  and 
infuriated  baptism.  There  are  such  examples  in  history,  and 
mankind  have  lost  none  of  their  impulses  or  human  emotions. 

"  Gov.  Geary  addressed  the  armed  citizens  of  Lawrence, 
and  when  he  assured  them  of  his  and  the  law's  protection, 


CAMP  OF  THE  INVADERS.  151 

they  offered  to  deposit  their  arras  at  his  feet  and  return  to  their 
re.spective  habitations.  He  bid  them  go  to  their  homes  in 
confidence,  and  to  carry  their  arms  with  them,  as  the  Consti 
tution  of  the  Union  guaranteed  that  right  j  but  to  use  those 
arms  only  in  the  last  resort  to  protect  their  lives  and  property, 
and  the  chastity  of  their  females.  They  obeyed  the  governor 
and  repaired  to  their  homes." 

Early  on  the  morning  of  the  15th,  having  left  the  troops  to 
protect  the  town  of  Lawrence,  the  governor  proceeded  alone 
to  the  camp  of  the  invading  forces,  then  within  three  miles, 
and  drawn  up  in  line  of  battle.  Before  reaching  Franklin,  he 
met  the  advance  guard,  and  upon  inquiring  who  they  were  and 
what  were  their  objects,  received  for  answer,  that  they  were 
the  territorial  militia,  called  into  service  by  the  governor  of 
Kansas,  and  that  they  were  marching  to  "  wipe  out  Lawrence 
and  every  d — d  abolitionist  in  the  country."  Geary  informed 
them  that  he  was  now  Governor  of  Kansas,  and  commander- 
in-chief  of  the  territorial  militia,  and  ordered  the  officer  in 
command  to  countermarch  his  troops  back  to  the  main  line, 
and  conduct  him  to  the  centre,  that  being  his  proper  position, 
which  order,  after  some  hesitation,  was  reluctantly  obeyed. 

The  scene  that  was  presented  as  the  governor  advanced, 
was  one  that  no  time  nor  circumstance  can  ever  erase  from  his 
mind.  The  militia  had  taken  a  position  upon  an  extensive 
and  beautiful  plain  near  the  junction  of  the  Wakarusa  with 
the  Kansas  River.  On  one  side  towered  a  lofty  hill,  known 
as  the  Blue  Mound,  and  on  the  other  Mount  Oread  showed 
its  fortified  summit.  The  town  of  Franklin,  from  its  elevated 
site,  looked  down  upon  the  active  scene,  while  beyond,  in  a 
quiet  vale,  the  more  nourishing  city  of  Lawrence  reposed  as 
though  unconscious  of  its  threatened  doom.  The  waters  of 
the  Kansas  River  might  be  seen  gliding  rapidly  toward  the 
Missouri,  and  the  tall  forest  trees  which  line  its  banks,  plainly 
indicated  the  course  of  the  Wakarusa.  The  red  face  of  the 
rising  sun  was  just  peering  over  the  top  of  the  Blue  Mound, 
as  the  governor  with  his  strange  escort  of  three  hundred 
mounted  men,  with  red  shirts  and  odd-shaped  hats,  descended 
upon  the  Wakarusa  plain.  There,  in  battle  array,  were  ranged 
at  least  three  thousand  armed  and  desperate  men.  They  were 
not  dressed  in  the  usual  habiliments  of  soldiers;  but  in  every 
imaginable  costume  that  could  be  obtained  in  that  western 
region.  Scarcely  two  presented  the  same  appearance,  while 
all  exhibited  a  ruffianly  aspect.  Most  of  them  were  mouateu, 


152  HISTORY  OF  KANSAS. 

and  manifested  an  unmistakable  disposition  to  be  at  their 
bloody  work.  In  the  background  stood  at  least  three  hundred 
army  tents  and  as  many  wagons,  while  here  and  there  a  cannon 
was  planted  ready  to  aid  in  the  anticipated  destruction. 
Among  the  banners  floated  black  flags  to  indicate  the  design 
that  neither  age,  sex,  nor  condition  would  be  spared  in  the 
slaughter  that  was  to  ensue.  The  arms  and  cannon  also  bore 
the  black  indices  of  extermination. 

In  passing  along  the  lines,  murmurs  of  discontent  and 
savage  threats  of  assassination  fell  upon  the  governor's  ears; 
but  heedless  of  these,  and  regardless,  in  fact,  of  everything 
but  a  desire  to  avert  the  terrible  calamity  that  was  impending, 
he  fearlessly  proceeded  to  the  quarters  of  their  leader. 

This  threatening  army  was  under  the  command  of  General 
John  W.  Reid,  then  and  now  a  member  of  the  Missouri 
Legislature,  assisted  by  ex-senator  Atchison,  General  B.  F. 
String-fellow,  General  L.  A.  Maclean,  General  J.  W.  Whitfield, 
General  George  W.  Clarke,  Generals  William  A.  Heiskell, 
Win.  II.  Richardson,  and  F.  A.  Marshal,  Col.  H.  T.  Titus, 
Captain  Frederick  Emory,  and  others  of  similar  character. 
Some  of  these  men  have  since  been  rewarded  by  the  present 
administration  with  lucrative  offices,  if  not  for  the  valuable 
services  they  were  about  to  render  in  this  affair,  at  least  for 
some  others  which  the  government  has  considered  important. 

Governor  Geary  at  once  summoned  the  officers  together,  and 
addressed  them  at  length  and  with  great  feeling.  He  depicted 
in  a  forcible  manner  the  improper  position  they  occupied,  and 
the  untold  horrors  that  would  result  from  the  consummation 
of  their  cruel  designs:  that  if  they  persisted  in  their  mad 
career,  the  entire  Union  would  be  involved  in  a  civil  war,  and 
thousands  and  tens  of  thousands  of.  innocent  lives  be  sacrificed. 
To  Atchison,  he  especially  addressed  himself,  telling  him  that 
when  he  last  saw  him,  he  was  acting  as  vice-president  of  the 
nation  and  president  of  the  most  dignified  body  of  men  in  the 
world,  the  senate  of  the  United  States;  but  now  with  sorrow 
and  pain  he  saw  him  leading  on  to  a  civil  and  disastrous  war 
an  army  of  men,  with  uncontrollable  passions,  and.  determined 
upon  wholesale  slaughter  and  destruction.  He  concluded  his 
remarks  by  directing  attention  to  his  proclamation,  and  ordered 
the  army  to  be  disbanded  and  dispersed.  Some  of  the  more 
judicious  of  the  officers  were  not  only  willing,  but  anxious  to 
obey  this  order;  whilst  others,  resolved  upon  mischief,  yielded 
a  very  reluctant  assent.  General  Clarke  said  he  was  for 


.THE  ARMY  DISBANDED.  153 

pitching  into  the  United  States  troops,  if  necessary,  rather 
than  abandon  the  objects  of  the  expedition.  General  Maclean 
didn't  see  any  use  of  going  back  until  they  had  whipped  the 
d — d  abolitionists.  Sheriff  Jones  was  in  favor,  now  they  had 
a  sufficient  force,  of  "  wiping  out"  Lawrence  and  all  the  free- 
state  towns.  And  these  and  others,  cursed  Governor  Geary 
in  not  very  gentle  expressions,  for  his  untimely  interference 
with  their  well  laid  plans.  They,  however,  obeyed  the  order, 
and  retired,  not  as  good  and  law-loving  citizens,  but  as  bands 
of  plunderers  and  destroyers,  leaving  in  their  wake  ruined 
fortunes,  weeping  eyes,  and  sorrowing  hearts. 

The  question  has  been  asked,  why  was  this  army  dispersed, 
and  permitted  to  depart  for  their  homes,  whilst  that  at  Hickory 
Point  was  captured,  imprisoned,  tried  and  convicted  of  a 
criminal  charge?  The  answer  is  simple.  These  men  had 
been  called  into  service  by  the  late  acting-governor,  and  by 
him  given  authority  as  the  duly  constituted  militia  of  the 
territory.  As  such  Governor  Geary  was  compelled  to  recognise 
them.  They  had  committed  no  overt  act  against  the  laws  of 
which  they  were  accused  and  of  which  he  could  properly  take 
cognisance,  and  all  that  he  could  do  was  to  order  them  to  dis 
perse.  Had  they  refused,  and  still  kept  up  their  military 
organization,  they  would  have  been  placed  in  quite  a  different 
position,  and  Governor  Geary  could  then  have  arrested  them 
as  violators  of  the  peace.  But  they  obeyed  his  order  and 
disbanded.  On  the  other  hand,  the  party  at  Hickory  Point, 
though  morally  as  good,  if  not  better  men,  were  in  arms  not 
only  without  the  sanction,  but  in  open  violation  of  law.  With 
the  governor's  proclamation  in  their  hands,  commanding  all 
unauthorized  armed  bodies  instantly  to  disband  or  quit  the 
territory,  they  marched  against  and  stormed  a  settlement, 
killing  one  man  and  wounding  several  others,  and  almost  in  the 
very  commission  of  this  unlawful  and  overt  act,  they  were  cap 
tured  by  the  government  troops.  The  whole  difference,  there 
fore,  between  the  two  parties,  is,  not  that  one  was  morally 
worse  than  the  other,  but  because  one  was  acting  by  and  the 
other  against  legal  authority. 

On  the  16th  of  September,  the  governor  dispatched  the 
following  letter  to  Secretary  Marcy  : — 

"Executive  Department,  Lecompton,  K.  T., 

"  Sept.  16,  1856. 
"  HON.  WM.  L.  MARCY,  Secretary  of  State  : 

"My  Dear  Sir: — Mj  last  dispatch  was  dated  the  12th  instant,  in 


154  HISTORY  OF  KANSAS. 

•which  I  gave  you  a  statement  of  my  operations  to  that  date.  Since 
then,  I  have  had  business  of  the  deepest  importance  to  occupy  every 
moment  of  my  attention,  and  to  require  the  most  constant  watchful 
ness  and  untiring  energy.  Indeed,  so  absolutely  occupied  is  all  my 
time,  that  I  scarcely  have  a  minute  to  devote  to  the  duty  of  keeping 
you  apprised  of  the  true  condition  of  this  territory.  I  have  this  in 
stant  returned  from  an  expedition  to  Lawrence  and  the  vicinity,  and 
am  preparing  to  depart  almost  immediately  for  other  sections  of  the 
territory,  where  my  presence  is  demanded. 

"  After  having  issued  my  address  and  proclamations  in  this  city, 
copies  of  which  have  been  forwarded  to  you,  I  sent  them  with  a 
special  messenger,  to  Lawrence,  twelve  miles  to  the  eastward,  where 
they  were  made  known  to  the  citizens  on  the  12th  instant.  The  peo 
ple  of  that  place  were  alarmed  with  a  report  that  a  large  body  of 
armed  men,  called  out  under  the  proclamation  of  the  late  acting- 
governor  Woodson,  were  threatening  them  with  an  attack,  and  they 
were  making  the  necessary  preparations  for  resistance.  So  well  au 
thenticated  seemed  their  information,  that  my  agent  forwarded  an 
express  by  a  United  States  trooper,  announcing  the  fact,  and  calling 
upon  me  to  use  my  power  to  prevent  the  impending  calamity.  This 
express  reached  me  at  half-past  one  o'clock,  on  the  morning  of  the 
13th  instant.  I  immediately  made  a  requisition  upon  Colonel  Cook, 
commander  of  the  United  States  forces  stationed  at  this  place,  for 
as  many  troops  as  could  be  made  available,  and  in  about  an  hour  was 
on  my  way  towards  Lawrence,  with  three  hundred  mounted  men,  in 
cluding  a  battery  of  light  artillery.  On  arriving  at  Lawrence  we 
found  the  danger  had  been  exaggerated,  and  that  there  was  no  imme 
diate  necessity  for  the  intervention  of  the  military.  The  moral  effect 
of  our  presence,  however,  was  of  great  avail.  The  citizens  were  sat 
isfied  that  the  government  was  disposed  to  render  them  all  needed 
protection,  and  I  received  from  them  the  assurance  that  they  would 
conduct  themselves  as  law-abiding  and  peace-loving  men.  They 
voluntarily  offered  to  lay  down  their  arms,  and  enrol  themselves  as 
territorial  militia,  in  accordance  with  the  terms  of  my  proclamations. 
I  returned  the  same  day  with  the  troops,  well  satisfied  with  the  result 
of  my  mission. 

"During  the  evening  of  Saturday,  the  13th,  I  remained  at  my  office, 
which  was  constantly  thronged  with  men  uttering  complaints  concern 
ing  outrages  that  had  been  and  were  being  committed  upon  their  per 
sons  and  property.  These  complaints  came  in  from  every  direction, 
and  were  made  by  the  advocates  of  all  the  conflicting  political  senti 
ments,  with  which  the  territory  has  been  agitated ;  and  they  exhib 
ited  clearly  a  moral  condition  of  affairs,  too  lamentable  for  any  lan 
guage  adequately  to  describe.  The  whole  country  was  evidently  in 
fested  with  armed  bands  of  marauders,  who  set  all  law  at  defiance, 
and  travelled  from  place  to  place,  assailing  villages,  sacking  and 
burning  houses,  destroying  crops,  maltreating  women  and  children, 
driving  off  and  stealing  cattle  and  horses,  and  murdering  harmless 
men  in  their  own  dwellings  and  on  the  public  highways.  Many  of 
these  grievances  needed  immediate  redress;  but  unfortunately  the 
law  was  a  dead  letter,  no  magistrate  or  judge-  being  at  hand  to  take 


LETTER  TO  THE  SECRETARY  OF  STATE.  155 

an  affidavit  or  issue  a  process,  and  no  marshal  or  sheriff  to  be  found, 
even  had  the  judges  been  present  to  prepare  them,  to  execute  the 
same. 

'•  The  next  day,  Sunday,  matters  grew  worse  and  worse.  The 
most  positive  evidence  reached  me,  that  a  large  body  of  armed  and 
mounted  men  were  devastating  the  neighborhoods  of  Osawkee  and 
Hardtville,  commonly  called  Hickory  Point.  Being  well  convinced 
of  this  fact,  I  determined  to  act  upon  my  own  responsibility,  and  im 
mediately  issued  an  order  to  Colonel  Cook  for  a  detachment  of  his 
forces,  to  visit  the  scene  of  disturbance.  In  answer  to  this  requisi 
tion,  a  squadron  of  eighty-one  men  were  detached,  consisting  of 
companies  C.  and  H.  1st  cavalry,  Captains  Wood  and  Newby,  the 
whole  under  command  of  Captain  Wood.  This  detachment  left  the 
camp  at  two  o'clock,  P.  M.,  with  instructions  to  proceed  to  Osawkee 
and  Hickory  Point,  the  former  twelve,  and  the  latter  eighteen  miles 
to  the  northward  of  Lecompton.  It  was  accompanied  by  a  deputy 
marshal. 

"  In  consequence  of  the  want  of  proper  facilities  for  crossing  the 
Kansas  River,  it  was  late  in  the  evening  before  the  force  could  march. 
After  having  proceeded  about  six  miles,  intelligence  was  brought  to 
Captain  Wood,  that  a  large  party  of  men,  under  command  of  a  per 
son  named  Harvey,  had  come  over  from  Lawrence,  and  made  an  at 
tack  upon  a  log  house  at  Hickory  Point,  in  which  a  number  of  the 
settlers  had  taken  refuge.  This  assault  commenced  about  eleven 
o'clock  in  the  morning,  and  continued  six  hours.  The  attacking 
party  had  charge  of  a  brass  four-pounder,  the  same  that  was  taken 
by  Colonel  Doniphan  at  the  battle  of  Sacramento.  This  piece  had 
been  freely  used  in  the  assault;  but  without  effecting  any  material 
damage.  As  far  as  has  yet  been  ascertained,  but  one  man  was  killed, 
and  some  half-dozen  wounded. 

"  About  eleven  o'clock  in  the  evening,  Captain  Wood's  command 
met  a  party  of  twenty-five  men,  with  three  wagons,  one  of  which 
contained  a  wounded  man.  These  he  ascertained  to  be  a  portion  of 
Harvey's  forces,  who  had  been  engaged  in  the  assault  at  Hickory 
Point,  and  who  were  returning  to  Lawrence.  They  were  immedi 
ately  arrested,  without  resistance,  disarmed  and  held  as  prisoners. 
Three  others  were  soon  after  arrested,  who  also  proved  to  be  a  por 
tion  of  Harvey's  party. 

"  When  within  about  four  miles  of  Hickory  Point,  Captain  WTood 
discovered  a  large  encampment  upon  the  prairie,  near  the  road  lead 
ing  to  Lawrence.  It  was  the  main  body  of  Harvey's  men,  then  under 
command  of  a  man  named  Bickerton,  Harvey  having  left  after  the 
attack  on  Hickory  Point.  This  party  was  surprised  and  captured. 

"After  securing  the  prisoners,  Captain  Wood  returned  to  Lecorap- 
ton,  which  place  he  reached  about  day-break,  on  Monday  the  15th 
instant,  bringing  with  him  one  hundred  and  one  prisoners,  one  brass 
field-piece,  seven  wagons,  thirty-eight  United  States  muskets,  forty- 
seven  Sharp's  rifles,  six  hunting  rifles,  two  shot  guns,  twenty  revolv 
ing  pistols,  fourteen  bowie  knives,  four  swords,  and  a  large  supply  of 
ammunition  for  artillery  and  small  arma. 

"  Whilst  engaged  in  making  preparations  for  the  foregoing  expedi- 


156  HISTORT  OP  KANSAS. 

tion,  several  messengers  reached  me  from  Lawrence,  announcing  that 
a  powerful  army  was  marching  upon  that  place,  it  being  the  main 
body  of  the  militia  called  into  service  by  the  proclamation  of  Secre 
tary  Woodson,  •when  acting-governor. 

"Satisfied  that  the  most  prompt  and  decisive  measures  were  neces 
sary  to  prevent  the  sacrifice  of  many  lives,  and  the  destruction  of 
one  of  the  finest  and  most  prosperous  towns  in  the  territory,  and 
avert  a  state  of  affairs,  which  must  have  inevitably  involved  the  coun 
try  in  a  most  disastrous  civil  war,  I  dispatched  the  following  order 
to  Colonel  Cook  : — 

"  '  Proceed  at  all  speed  with  your  command  to  Lawrence,  and  pre 
vent  a  collision  if  possible,  and  leave  a  portion  of  your  troops  there 
for  that  purpose.' 

"  Accordingly,  the  entire  available  TTuited  States  force  was  put  in 
motion,  and  reached  Lawrence  at  an  early  hour  in  the  evening. 
Here,  the  worst  apprehensions  of  the  citizens  were  discovered  to  have 
been  well  founded.  Twenty-seven  hundred  men,  under  command  of 
Generals  Heiskell,  Reid,  Atchison,  Richardson,  Stringfellow,  and 
others,  were  encamped  on  the  Wakarusa,  about  four  miles  from  Law 
rence,  eager  and  determined  to  exterminate  that  place  and  all  its 
inhabitants.  An  advanced  party  of  three  hundred  men  had  already 
taken  possession  of  Franklin,  one  mile  from  the  camp,  and  three 
miles  from  Lawrence,  and  skirmishing  parties  had  begun  to  engage 
in  deadly  conflict. 

"Fully  appreciating  the  awful  calamities  that  were  impending.  I 
hastened  with  all  possible  dispatch  to  the  encampment,  assembled  the 
officers  of  the  militia,  and  in  the  name  of  the  President  of  the  United 
States,  demanded  suspension  of  hostilities.  I  had  sent  in  advance, 
the  secretary  arid  adjutant-general  of  the  territory,  with  orders  to 
carry  out  the  spirit  and  letter  of  my  proclamations;  but  up  to  the 
time  of  my  arrival,  these  orders  had  been  unheeded,  and  I  could  dis- 
tc7ei  but  little  disposition  to  obey  them.  I  addressed  the  officers  in 
council  at  considerable  length,  setting  forth  the  disastrous  conse 
quences  of  such  a  demonstration  as  was  contemplated,  and  the  abso 
lute  necessity  of  more  lawful  and  conciliatory  measures  to  restore 
peace,  tranquillity,  and  prosperity  to  the  country.  I  read  my  instruc 
tions  from  the  president,  and  convinced  them  that  my  whole  course 
of  procedure  was  in  accordance  therewith,  and  called  upon  them  to 
aid  me  in  my  efforts,  not  only  to  carry  out  those  instructions,  but  to 
support  and  enforce  the  laws,  and  the  constitution  of  the  United 
States.  I  am  happy  to  say,  that  a  more  ready  concurrence  in  my 
views  was  met,  than  I  had  at  first  any  good  reason  to  expect.  It  was 
agreed,  that  the  terms  of  my  proclamations  should  be  carried  out  by 
the  disbandment  of  the  militia ;  whereupon  the  camp  was  broken  up, 
and  the  different  commands  separated,  to  repair  to  their  respective 
homes. 

"  The  occurrences,  thus  related,  are  already  exerting  a  benificent  in 
fluence;  and  although  the  work  is  not  yet  accomplished,  I  do  not  de 
spair  of  success  in  my  efforts  to  satisfy  the  government  that  I  am 
worthy  of  the  high  trust  which  has  been  reposed  in  me.  As  soon  as 
circumstances  will  permit,  I  shall  visit,  in  person,  every  section  of 


THE  COURTS  AND  JUDGES.  157 

the  territory,  where  I  feel  assured  that  my  presence  will  tend  to  give 
confidence  and  security  to  the  people. 

"In  closing,  I  have  merely  to  add,  that  unless  I  am  more  fully 
sustained   hereafter  by  the  civil  authorities,  and  serious  difficulties 
and  disturbances  continue  to  agitate  the  territory,  my  only  recourse 
will  be  to  martial  law,  which  I  must  needs  proclaim  and  enforce.  « 
Very  respectfully,  &c. 

"Jxo.  W.  GEARY. 
Governor  of  Kansas  Territory." 


CHAPTER  XXV. 

Improved  condition  of  things. — Attempt  to  resurrect  the  courts  and  incite 
the  judges  to  the  performance  of  their  duty. — Judges  Burrell,  Cato  and 
Lecompte. — The  examination  and  trial  of  free-state  prisoners. — Direc 
tions  to  Judge  Cato. — Letters  to  the  Supreme  Judges. — Replies  of  Judges 
Cato  and  Lecompte. — Great  criminals  permitted  to  run  at  liberty. — 
Discharge  of  free-state  men  on  bail. — Judge  Lecompte's  defence. 

THE  dismissal  of  the  Missouri  invaders,  the  arrest  of  Har 
vey's  party,  and  the  departure  of  Col.  Lane  (which  took  place 
about  this  time)  from  the  territory,  were  followed  with  the 
most  beneficial  effects.  The  prompt,  bold,  rapid,  and  decisive 
movements  of  the  governor  struck  the  numerous  predatory 
bands  with  terror,  and  they  either  dispersed,  or  fled  the  coun 
try  ;  and  a  happier  condition  of  things  began  to  be  apparent 
on  every  hand. 

The  next  important  measure  for  the  governor,  was  to  resur 
rect,  if  possible,  the  courts,  and  infuse  new  life  and  spirit  and 
energy  into  the  judiciary,  who  had  not  only  been  entirely  ne 
glectful  of  their  duties,  but  were  actually  responsible  for  a 
great  portion  of  the  evils  that  had  so  long  existed.  The  Pres 
ident  cannot  be  reprehended  for  not  appointing  men  of  supe 
rior  legal  attainments,  or  more  than  ordinary  talent,  to  these 
offices ;  for  the  inducements  to  accept  them  were  insufficient 
for  men  of  that  description.  Hence,  he  was  in  a  measure 
compelled  to  make  his  selections  from  other  material.  But 
still  he  could  have  obtained  men  of  mediocre  ability,  who 
possessed  at  least  a  small  amount  of  integrity  and  legal  knowl 
edge,  and  some  disposition  to  hold  the  scales  of  justice  with 
an  even  hand.  He  certainly  could  not  have  chosen  worse 
14 


1  58  HISTORY  OF  KANSAS. 

than  he  did  for  the  necessities  of  the  times  and  territory,  had 
he  canvassed  the  entire  country  with  that  sole  determination. 

Judge  Burrell  was  in  the  territory  about  ten  days  of  the 
two  years  he  held  his  appointment,  the  remainder  of  his  time 
being  passed  at  his  residence  in  Greensburg,  Pa.,  where  he 
recently  died. 

When  Governor  Geary  visited  the  camp  of  Reid,  as  al 
ready  related,  he  found  his  honor,  Judge  Cato,  performing 
the  duties  of  a  soldier  in  that  ruffian  army,  and  brought  him 
thence  to  Lecompton,  where,  a  short  time  afterwards,  being 
in  a  tent  of  the  militia,  who  had  got  possession  of  the  arms 
of  the  free-state  prisoners,  and  were  making  selections  to  ap 
propriate  to  their  own  use,  the  judge  was  shot  in  the  ankle  by 
the  accidental  discharge  of  a  revolver  in  the  hands  of  a 
drunken  fellow,  named  Hull.  This  disabled  him  for  a  consid 
erable  length  of  time ;  but,  after  his  recovery,  he  became  the 
constant  companion  of  the  most  worthless  characters  in  Le 
compton,  was  the  daily  associate  of  George  W.  Clarke  and 
L.  A.  Maclean,  and  the  room-mate,  mess-mate  and  bed-fellow 
of  Jones  and  Bennett  of  the  Lecompton  Union,  the  honor  of 
writing  and  supervising  the  scurrilous  and  lying  productions 
of  which  false  and  abusive  sheet  he  was  shrewdly,  and  per 
haps  not  unjustly,  accused  of  sharing  with  Surveyor  Calhoun 
and  the  other  worthies  named.  His  knowledge  of  law  was 
extremely  meagre,  and  his  sense  of  justice  by  no  means  deli 
cate  or  refined. 

Chief-Justice  Lecompte  was  a  third  or  fourth-rate  lawyer, 
from  Maryland ;  and  though  notoriously  indolent  and  sluggish, 
has,  during  his  two  years'  residence  in  Kansas,  accumulated 
in  valuable  property  a  fortune  of  considerable  magnitude.  In 
most  of  the  towns  laid  out  by  pro-slavery  men  he  owns  a 
goodly  share  of  choice  lots,  presented  to  him,  doubtless,  more 
in  regard  to  his  virtues  and  talents,  than  for  any  favors  he  had 
bestowed,  or  was  expected  to  bestow,  in  the  discharge  of  his 
judicial  functions.  The  judge  owns  a  handsome  place  near 
Leavenworth  City,  to  which  he  is  so  devotedly  attached,  that 
he  finds  it  far  more  convenient  to  discharge  prisoners  on  straw- 
bail,  than  travel  twenty  or  more  miles  to  hold  courts  and  go 
through  the  troublesome  forms  of  trial.  lie  can  always  find 
time  to  strike  a  profitable  bargain,  make  a  good  land  specula 
tion,  or  engage  in  any  operation  that  will  put  money  in  his 
purse;  but  the  duties  of  a  judge  are  too  insignificant  to  receive 


THE  COURTS  AND  JUDGES.  159 

any  special  amount  of  attention ;  hence  he  troubles  himself 
but  little  with  the  matter  of  holding  courts.  An  anecdote, 
somewhat  characteristic,  is  almost  universally  told,  and  very 
generally  believed,  of  him  in  Kansas.  He  adjourned  the 
spring  term  of  his  court,  it  is  said,  to  plant  potatoes;  the  sum 
mer  term  to  hoe  his  potatoes;  the  fall  term  to  dig  his  potatoes; 
and  the  winter  term  because  he  had  to  be  at  home  to  sell  his  po 
tatoes.  This,  however,  is  probably  somewhat  of  an  exaggeration. 

When  the  governor  returned  from  the  Missouri  camp,  on 
the  15th,  bringing  Judge  Cato  with  him,  he  found  Lecompte 
at  the  capital,  in  compliance  with  a  request  forwarded  to  him 
at  Leavenworth  to  that  effect.  On  the  16th  he  had  an  inter 
view  with  these  two  officials,  in  which  he  endeavored  to  im 
press  them  with  the  importance  to  the  territory  and  the  coun 
try,  "of  proper  judicial  proceedings — of  opening  and  holding 
courts;  not  only  that  prisoners  could  be  justly  disposed  of, 
but  that  processes  could  be  issued  and  criminals  arrested.  This, 
they  were  assured,  must  be  done,  or  military  law  proclaimed 
and  adopted.  They  both  seemingly  concurred  in  his  views, 
and  agreed  to  his  expressed  desires. 

At  this  time  hundreds  of  persons  were  constantly  pouring 
into  the  city,  distracting  the  attention  of  the  governor  with 
pitiful  complaints  of  atrocious  outrages  that  were  being  com 
mitted  upon  their  persons  and  property.  It  was  the  province 
of  the  judges  to  hear  these  complaints  and  endeavor  to  redre.-a 
the  wrongs  the  people  were  suffering,  adopt  and  prosecute  mea 
sures  for  the  arrest  and  punishment  of  transgressors,  and  pre 
vent  a  continuance  of  the  crimes  which  were  distracting  the 
territory. 

On  the  17th  the  governor  accompanied  a  detachment  of 
troops  to  arrest  a  party  of  alleged  criminals  at  Topeka ;  and 
upon  his  return,  on  the  following  day,  learned,  to  his  aston 
ishment,  that  Lecompte  had  already  left  for  his  home  in 
Leavenworth ;  and  that,  instead  of  making  arrangements  for 
the  immediate  examination  of  the  great  number  of  prisoners 
collected  at  Lecompton,  he  had  appointed  a  court  for  that  pur 
pose,  to  be  held  three  weeks  subsequently,  at  Leaveuworth 
City,  forty  miles  distant,  and  left  directions  to  have  the  prison 
ers  conveyed  there  for  trial.  Had  he  adopted  this  procedure 
for  the  express  purpose  of  defeating  the  ends  of  justice,  and 
of  stultifying  all  the  exertions  of  the  executive  for  the  public 
welfare,  he  could  not  more  effectually  have  accomplished  that 


160  HISTORY  OF  KANSAS.  - 

object.  It  would  have  been  possible,  though  extremely  diffi 
cult,  and  unnecessarily  expensive,  to  carry  one  hundred  and 
twenty  or  more  prisoners,  then  in  custody,  fifty  miles  to  accom 
modate  Lecompte;  but  it  would  have  been  altogether  impossible, 
to  give  those  prisoners  a  proper  hearing  and  just  trial  at  a 
place  so  far  distant  from  where  their  ofiences  were  alleged  to 
have  been  committed.  The  witnesses  could  not  have  been 
brought  together  at  such  a  distance,  in  times  when  no  unpro 
tected  traveller  could  pass  the  roads  in  safety,  even  were  there 
in  the  way  no  other  obstacles.  This,  Lecompte  knew;  and 
the  whole  arrangement  afforded  but  another  evidence,  in  addi 
tion  to  the  numbers  he  had  already  given,  of  imbecility  and 
worthlessness  during  the  entire  period  he  had  been  in  office. 

Incensed  at  this  conduct,  and  determined  that  the  prisoners 
should  have  an  early  hearing  in  Lecompton,  or  be  set  at  lib 
erty,  the  governor  addressed  the  following  note  to  associate- 
justice  Cato : — 

"Executive  Department,  K.  T., 

"Lecompton,  Sept.  20,  1856. 
"  JUDGE  STERLING  G.  CATO: 

"  Dear  Sir:  You  will  oblige  me  by  fixing  an  early  day  for  the  exa 
mination  of  the  prisoners  now  held  at  the  encampment  of  the  United 
States  troops  in  this  district,  and  give  proper  and  sufficient  notice  of 
the  same.  It  is  essential  to  the  peace  of  the  community  and  the  due 
execution  of  the  law,  that  this  be  effected  at  the  earliest  possible  mo 
ment.  Some  of  these  men  have  already  been  detained  as  prisoners 
six  days  without  even  a  preliminary  hearing.  If  at  the  time  appointed 
and  legally  notified,  no  prosecutor  appears,  the  alleged  criminals 
should  be  discharged  and  permitted  to  repair  to  their  homes  and  law 
ful  pursuits. 

"  Truly  yours, 

"JNO.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

In  accordance  with  this  demand,  Judge  Cato  appointed  a 
court  and  commenced  an  examination  of  the  prisoners,  during 
the  prosecution  of  which  he  met  with  the  accident  mentioned, 
and  the  proceedings  were  postponed.  The  hearing  and  trials, 
however,  were  finally  had,  the  result  of  which  has  been  related 
in  another  place. 

Resolved,  if  possible,  to  awaken  the  judiciary  to  a  sense  of 
duty  and  obligation,  or  at  least  to  obtain  from  them  an  account 
of  their  past  stewardship,  the  governor  addressed  a  letter  of 
inquiry  to  each  of  the  supreme  judges,  of  which  the  following 
is  a  copy  : — 


THE  COURTS  AND  JUDGES.  1C1 

"  Executive  Department,  K.  T., 

"September  23,  1856. 
"  To  THE  HON.  SAMUEL  D.  LECOMPTE, 

"Chief  Justice  of  the  Supreme  Court  of  Kansas  Territory. 

"Sir:  Upon  my  arrival  here  I  found  this  territory  in  a  state  of 
insurrection,  business  paralyzed,  operation  of  the  courts  suspended, 
and  the  civil  administration  of  the  government  inoperative  and  seem 
ingly  useless. 

"  Much  complaint  has  been  made  to  me  against  the  territorial 
officers,  for  alleged  neglect  of  duty,  party  bias,  and  criminal  com 
plicity  with  a  state  of  affairs  which  resulted  in  a  contempt  of  all 
authority. 

"  I  have  therefore  deemed  it  proper  to  address  circulars  to  all  ter 
ritorial  officers,  in  order  that,  being  informed  of  the  complaints 
against  them,  they  may  have  an  opportunity  to  vindicate  themselves 
through  my  department. 

"  The  efficiency  of  the  executive  will  be  much  impaired  or  strength 
ened  by  the  manner  in  which  his  subordinates  in  office  discharge  their 
respective  duties. 

"  As  it  is  my  sworn  duty  to  see  that  the  laws  are  faithfully  exe 
cuted,  I  need  offer  no  apology  for  requesting  categorical  answers  to 
the  following  interrogatories : 

"1st.  When  did  you  assume  the  discharge  of  the  duties  of  your 
judicial  office? 

"  2d.  What  counties  compose  your  judicial  district,  and  how  fre 
quently  have  you  held  courts  in  each  county  or  in  your  district  ? 

"  3d.  How  many  bills  have  been  presented — how  many  ignored  in 
your  courts — how  many  indictments  have  been  tried  before  you,  and 
how  many  convictions  had,  and  for  what  offences  ? 

"  With  a  brief  statement  of  other  facts  and  circumstances,  showing 
the  manner  in  which  you  have  discharged  your  duties,  which  you  may 
be  pleased  to  communicate. 

"Very  truly,  your  obedt.  servt., 

"JNO.  W.  GEARY, 
"  Governor  of  Kansas  Territory." 

Similar  communications  were  addressed  to  all  tlie  territorial 
officers,  the  replies  to  which  are  not  of  sufficient  interest  to 
receive  a  place  in  these  pages.  They  all  amount  to  precisely 
the  same  thing,  to  wit :  that  not  one  of  the  officials  understood 
his  duty,  or  had  performed  it.  The  offices  appear  to  have  been 
held,  not  so  much  for  any  good  that  could  be  accomplished,  as 
for  their  honor  and  emoluments. 

From  Judge  Cato's  reply,  dated  October  29th,  it  seemed 
that  he  had  been  in  the  territory  about  a  year.  He  was  ap 
pointed  to  the  second  judicial  district,  composed  of  eight 
counties.  He  says :  "  I  held  court  in  each  of  said  counties, 
except  Linn,  last  spring  and  summer,  beginning  at  Franklin 
14*  L 


1G2  HISTORY  OF  KANSAS. 

on  the  third  Monday  of  April,  and  ending  at  Shawnee  on  the 
second  Monday  of  June  last." 

The  only  criminal  cases  that  he  had  ever  tried  he  speaks  of 
thus :  An  "  adjourned  term  of  the  court  for  Bourbon  county 
was  held  to  dispose  of  cases  on  the  criminal  docket,  and  the 
week  was  occupied  in  the  trial  of  one  case  for  murder  and  two 
for  assaults  with  intent  to  kill.  The  case  for  murder  resulted 
in  an  acquittal ;  one  of  those  for  assault  with  intent  to  kill, 
resulted  in  acquittal,  and  the  other  in  a  mistrial.  These  are 
the  only  trials  of  criminal  cases  held  in  my  district." 

The  answer  of  Chief  Justice  Lecompte  is  very  wordy  and 
lengthy,  and,  with  accompanying  documents,  consisting  of  a 
defence  of  himself  published  in  the  newspapers,  and  an  address 
to  the  members  of  the  bar,  would  comprise  a  good-sized  volume, 
all  of  which  amounts  to  the  simple  fact,  that,  although  he  ar 
rived  in  the  territory  in  November,  1854,  he  had  transacted 
no  judicial  business  worthy  of  any  note.  He  was  assigned  the 
first  judicial  district,  comprising  the  counties  of  Doniphan, 
Atchison,  Leavenworth,  Jeiferson,  Calhoun  and  Douglas.  In 
each  of  these  counties  one  term  of  court,  of  a  week's  duration, 
was  required  by  statute  to  be  held  during  the  year.  "  All 
these  were  holden,"  he  says,  "  except  that  for  Doniphan  [in 
1855],  which  1  was  not  able  to  reach  for  failure  of  the  boats;" 
and  "  except  the  last  term  for  Jefferson  county  and  for  Cal 
houn.  These  I  did  not  hold  because  the  recent  commotions 
had  just  then  arisen.  It  was  considered  utterly  useless  to  hold 
court  at  either  Osawkee,  the  county  seat  of  Jefferson,  or  Cal 
houn,  the  county  seat  of  Calhoun,  as  neither  juries,  nor  wit 
nesses,  nor  suitors  could  be  in  attendance." 

"  In  almost  all  the  criminal  cases,"  he  says,  "presented  an 
terior  to  the  publication  of  the  statute,  nolle  prosequies  were 
entered  by  direction  of  the  district  attorney  of  the  United 
States  for  the  territory,  upon  the  ground  taken  by  him,  that 
there  was  no  law  in  force  in  the  territory  to  punish  them. 
The  consequence  is  that  few  trials  arose.  *  *  *  The  only 
convictions  I  remember  are,  one  for  horse-stealing  in  Doni- 
phau,  and  some  three  or  four  for  assuming  office;  one  for  ma 
liciously  killing  a  horse  in  Atchison  county ;  one  in  Jefferson 
county  for  selling  liquor  to  Indians ;  and  perhaps  some  eight 
or  ten  in  different  counties,  for  selling  liquor  without  license." 

Thus  it  appears  that,  although  crimes  of  the  blackest  dye 
were  daily  and  hourly  being  committed,  and  many  of  the  cri 
minals  were  arrested  and  indicted,  the  only  convictions  that 


THE  TREASON  CASES.  163 

could  be  obtained  by  the  district  courts,  with  three  supreme 
judges,  and  a  United  States  district  attorney,  in  the  space  of 
two  years,  was  one  for  stealing  and  another  for  killing  a  horse ; 
three  or  four  for  assuming  office ;  and  some  eight  or  ten  for 
selling  liquor  without  license. 

What  became  of  the  incendiaries,  the  robbers,  the  ravishers 
and  assassins  ?  These  were  permitted  to  run  at  large,  to  burn 
houses  and  crops ;  plunder  stores  and  dwellings ;  violate  and 
brand  women  ;  steal  horses  and  cattle ;  and  murder  defence 
less  men  in  their  own  homes  or  on  the  public  highways,  with 
impunity !  Or  if  they  were  arrested,  they  were  immediately 
set  at  liberty  again,  upon  worthless  bail,  by  faithless  judges, 
or  discharged  because  of  a  nolle  prosequi entered  by  the  United 
States  District  Attorney,  or  acquitted  by  a  verdict  easily  ob 
tained  from  a  packed  jury  of  criminals  like  themselves.  Su 
preme  judges  and  district  attorneys  had  plenty  of  leisure  and 
admirable  opportunities  to  secure  comfortable  building  lots  and 
eligible  claims,  and  to  grow  rapidly  rich  upon  salaries  insufficient 
to  meet  their  daily  wants ;  whilst  the  worst  felons  ran  at  large, 
laughing  to  scorn  the  laws,  and  the  holding  of  courts  were 
nothing  better  than  shameless  farces,  in  which  all  interested 
found  abundant  sources  of  amusement. 

The  judge's  account  of  the  dismissal  upon  bail  of  the  pris 
oners  indicted  for  high  treason,  is  sufficiently  interesting  to 
present  to  the  reader.  He  says — 

"  It  occurs  to  me  as  proper  to  add  something  in  relation  to 
the  last  term  of  court  in  Douglas  county.  This  occurred  soon 
after  the  late  serious  disturbances  in  the  territory,  the  most 
serious  part  of  which  existed,  as  always,  in  this  county.  It 
seemed  perfectly  certain  to  me  before  I  left  home,  that  there 
was  no  probability  of  being  able  to  dispose  of  any  business.  I 
deemed  it  my  duty,  nevertheless,  in  view  of  the  peculiar  im 
portance  of  those  cases  pending  under  indictments  for  treason, 
to  attend,  the  more  particularly  as  the  persons  so  indicted  were 
held  in  confinement. 

"As  I  went  I  met  large  numbers  of  persons  coming  from 
Lecompton  towards  Leavenworth,  and  when  I  reached  Lccomp- 
ton,  I  found  it  almost  deserted.  No  full  jury,  either  grand 
or  petit,  was  in  attendance ;  indeed  not  enough  of  both  to 
constitute  one.  The  country,  it  was  well  understood,  was  equally 
abandoned  by  all  those  law  and  order  men  from  which  a  jury 
could  be  selected.  Under  these  circumstances  it  was  perfectly 
clear  that  no  business  could  be  done. 


164  HISTORY  OF  KANSAS. 

"  The  eases  of  Robinson  and  others,  indicted  for  treason, 
were  called.  They  tendered  themselves  ready  for  trial.  The 
government  was  not  ready ;  nor  was  there  any  officer  to  repre 
sent  the  government  upon  the  trial.  A  motion  was  made  by 
a  gentleman  deputed  for  that  purpose,  simply  to  continue  the 
causes.  I  saw  no  alternative,  but  a  trial,  which,  without  rea 
diness  on  the  part  of  the  government  under  the  most  peculiar 
circumstances,  would  have  amounted  to  an  acquittal,  almost  to 
a  farce,  and  on  the  other  hand,  a  continuance.  The  latter 
ultimatim  was  adopted.  The  question  then  remained,  what 
was  to  be  done  with  the  prisoners?  As  they  tendered  them 
selves  ready  for  trial,  I  believed  that  to  continue  them  in  con 
finement  would  be  oppression.  I  therefore  discharged  them 
on  bail." 

The  United  States  Attorney,  instead  of  being  at  Lecompton 
to  try  these  cases,  was  in  the  border-ruffian  army,  marching 
towards  Lawrence  to  massacre  its  inhabitants;  and  the  "law 
and  order  "  men,  who  alone  were  fit,  according  to  Judge  Le- 
compte,  to  sit  upon  a  jury,  were  flying  in  terror  from  Lecomp 
ton,  because  of  the  reported  approach  of  Lane.  And  on  the 
afternoon  of  the  same  day  upon  which  the  alleged  traitors  were 
so  generously  set  at  liberty  on  bail,  the  guns  of  Lane  were  point 
ing  over  the  town,  to  discharge  the  prisoners,  had  they  not 
already  been  dismissed,  without  the  legal  form  of  a  bail-bond. 
How  far  this  fact  influenced  the  action  of  the  judge,  he  has 
not  thought  proper  to  state.  One  thing  is  certain ;  these  men 
had  already  been  held  in  custody  for  months  without  a  trial ; 
and  it  is  quite  probable  that  the  government  would  never  have 
been  ready  for  trial,  if  its  Kansas  ministers  could  have  con 
tinued  the  prisoners  in  confinement  with  any  degree  of  safety 
to  themselves.  Had  the  accused  been  pro-slavery  men.  there 
would  have  been  no  lack  of  readiness  on  the  part  of  the  go 
vernment  to  try  the  cause,  nor  any  difficulty  on  that  of  the 
court  to  secure  an  acquittal. 

An  extract  from  that  portion  of  the  letter  of  Chief-Justice 
Lecompte,  in  which  he  attempts  to  repel  the  charges  of  official 
defection,  will  afford  the  reader  some  amusement  even  should 
it  fail  to  convince  him  of  the  entire  purity  of  the  judge's 
ermine  : — 

"  As  to  the  charge  of  '  party  bias/  he  says,  if  it  means  simply 
the  fact  of  such  bias,  T  regard  it  as  ridiculous  j  because  I  sup 
pose  every  man  in  this  country,  with  few  exceptions  indeed, 
entitled  to  respect,  either  tor  his  abilities,  his  intelligence,  or 


165 

his  virtue,  has  a  { party  bias/  I  am  proud  of  mine.  Tt  hag 
from  my  first  manhood  to  this  day,  placed  me  in  the  ranks  of 
the  democratic  party.  It  has  taught  me  to  regard  that  party 
as  the  one,  par  excellence,  to  which  the  destinies  of  this  country 
are  particularly  intrusted  for  preservation. 

"  If  it  be  intended  to  reach  beyond  that  general  application, 
and  to  charge  a  pro-slavery  bias,  I  am  proud,  too,  of  this,  t 
am  the  steady  friend  of  southern  rights  under  the  Constitution 
of  the  United  States.  I  have  been  reared  where  slavery  was 
recognised  by  the  constitution  of  my  state.  I  love  the  insti 
tution  as  entwining  itself  around  all  my  early  and  late  associa 
tions  ]  because  I  have  seen  as  much  of  the  nobility  of  the 
human  heart  in  the  relation  of  master  and  servant,  and  on  the 
part  of  the  one  as  well  as  of  the  other,  as  I  have  seen  else 
where.  I  have  with  me  now  an  old  woman  who  left  all  to 
come  with  me,  when  it  was  purely  at  her  discretion.  Another 
who  did  the  same  have  I  lost  and  buried  with  care  and  decency, 
at  Fort  Leavenworth.  An  old  man  has  lately  come  to  me 
under  the  care  of  a  youthful  nephew,  within  a  few  days,  all 
the  way  from  Maryland,  and  passing  through  every  intervening 
free  state,  with  a  perfect  knowledge  of  the  fact,  and  making 
his  own  way  through  various  interferences  by  his  own  inge 
nuity. 

"  If  it  mean  more  than  the  fact,  and  to  intimate  that  this 
'party  bias'  has  affected  the  integrity  of  my  official  action,  in 
any  solitary  case,  I  have  but  to  say  that  it  is  false — basely 
false. 

"  In  relation  to  the  other  of  '  criminal  complicity  with  a 
state  of  affairs  which  terminated  in  a  contempt  of  all  author 
ity/  I  will  content  myself  with  saying  that  it,  too,  is  false — 
basely  false,  if  made  in  relation  to  me,  and  to  defy  the  slanderer 
to  the  proof  of  a  solitary  act  to  justify  the  deepest  villain  in 
such  an  assertion." 

Who,  after  that  stout  denial,  will  dare  to  question  the  in 
tegrity  or  impartiality  of  Chief  Justice  Lecompte?  Who  can 
any  longer  doubt  that  to  the  abolitionist  he  has  always  meted 
out  the  same  mercy  and  justice  that  he  has  bestowed  upon  his 
opponents  ?  Who  will  pretend  to  affirm  that  Hays,  the  mur 
derer  of  Buffum,  would  not  have  been  as  readily  discharged 
from  custody  even  had  he  been  a  free-state  man  or  an  aboli 
tionist?  The  judge  really  seems  to  think  himself  innocent 
of  the  charge  of  "party  bias;"  yet  the  faced  institution  of 
slavery  is  entwined  around  all  lii*  affections,  and  he  could  not 


103  HISTORY  OF  KANSAS. 

hold  his  court  because  "the  law  and  order  men,"  from  which 
o;ily  he  could  select  a  jury,  had  fled  from  Lecompton 


CHAPTER  XXVI. 

The  murder  of  Buffura. — Warrant  for  the  arrest  of  the  murderer. — Partial 
couduct  of  the  marshals. — Reward  offered. — Indignation  of  free-state 
citizens. — Arrest  of  Charles  Hays. 

WHEN  the  army  from  Missouri  was  disbanded  on  the  morn 
ing  of  the  15th  September,  the  great  body  of  it  returned  at 
once  to  that  state,  by  the  Westport  road,  committing  every 
atrocity  in  their  power  as  they  passed  along.  They  burned 
the  saw-mill  at  Franklin,  stole  a  number  of  horses,  and  drove 
off  all  the  cattle  they  could  find. 

A  detachment,  calling  themselves  the  "  Kickapoo  Rangers," 
numbering  about  two  hundred  and  fifty  or  three  hundred  men, 
under  command  of  Col.  Clarkson,  took  the  road  for  Lecomp- 
ton,  where  they  forded  the  river  early  in  the  afternoon,  on 
their  way  to  the  northern  part  of  the  territory.  This  party 
was  mounted  and  well  armed,  and  looked  like  as  desperate  u 
set  of  ruffians  as  ever  were  gathered  together.  They  stiil  car 
ried  the  black  flag,  and  their  cannon,  guns,  swords  and  car 
riages  were  yet  decorated  with  the  black  emblems  of  their 
murderous  intentions.  , 

Six  men  of  this  detachment,  when  within  a  few  miles  of 
Lecompton,  halted  by  a  field  where  a  poor  inoffensive  lame 
man,  named  David  C.  Bufium,  was  at  work.  They  entered 
the  field,  and  after  robbing  him  of  his  horses,  one  of  them 
shot  him  in  the  abdomen,  from  which  wound  he  soon  after 
died.  The  murderer  also  carried  away  a  poney,  belonging  to 
a  young  girl,  the  daughter  of  a  Mr.  Thorn,  residing  in  the 
neighborhood. 

Almost  immediately  after  the  commission  of  this  wanton 
crime,  Governor  Geary,  accompanied  by  Judge  Cato,  arrived 
upon  the  spot,  and  found  the  wounded  man  weltering  in  his 
blood.  Although  suffering  the  most  intense  agony,  he  was 
sensible  of  his  condition,  and  perfectly  mindful  of  the  circum 
stances  that  had  transpired.  Judge  Cato,  by  direction  of  the 
governor,  took  an  affidavit  of  the  unfortunate  man's  dying 


THE  MURDER  OF  HUFFUM.  167 

declarations.  Writhing  in  agony,  the  cold  sweat-drops  standing 
upon  his  forehead,  with  his  expiring  breath  he  exclaimed, 
"  Oh,  this  was  a  most  unprovoked  and  horrid  murder !  They 
asked  me  for  my  horses,  and  I  plead  with  them  not  to  take 
them.  I  told  them  that  I  was  a  cripple — a  poor  lame  man — 
that  I  had  an  aged  father,  a  deaf-and-dumb  brother,  and  two 
sisters,  all  depending  upon  me  for  a  living,  and  my  horses 
were  all  I  had  with  which  to  procure  it.  One  of  them  said  I 
was  a  God  d — d  abolitionist,  and  seizing  me  by  the  shoulder 
with  one  hand,  he  shot  me  with  a  pistol  that  he  held  in  the 
other.  I  am  dying;  but  my  blood  will  cry  to  Heaven  for 
vengeance,  and  this  horrible  deed  will  not  go  unpunished.  1 
die  a  martyr  to  the  cause  of  freedom,  and  my  death  will 
do  much  to  aid  that  cause."  The  governor  was  affected  to 
tears.  He  had  been  on  many  a  battle-field,  and  been  familiar 
with  suffering  and  death;  but,  says  he,  a  I  never  witnessed  a 
scene  that  filled  my  mind  with  so  much  horror.  There  was  a 
peculiar  significance  in  the  looks  and  words  of  that  poor  dying 
man  that  I  never  can  forget ;  for  they  seemed  to  tell  me  that 
I  could  have  no  rest  until  I  brought  his  murderer  to  justice. 
And  I  resolved  that  no  means  in  my  power  should  be  spared 
to  discover,  arrest,  and  punish  the  author  of  that  most  villan- 
ous  butchery." 

On  his  arrival  at  Lecompton,  the  governor  immediately  had 
a  warrant  drawn  and  placed  in  the  hands  of  the  United  States 
marshal,  for  the  arrest  of  the  murderer,  for  the  execution  of 
which  warrant  the  whole  of  the  United  States  force  was  at  his 
disposal.  Several  days  elapsed,  and  no  return  was  made,  nor 
had  any  disposition  been  discovered  to  eifect  the  governor' t 
wishes  in  the  matter. 

In  the  mean  time  the  marshal  and  his  deputies  were  ex 
tremely  active  in  obtaining  and  executing  warrants  against 
free-state  men,  some  of  them  upon  the  most  trivial  and  un 
warrantable  charges.  To  accomplish  this  object,  requisitions 
were  daily  made  upon  the  governor  for  troops,  until  it  became 
so  annoying  to  himself,  and  evidenced  so  clearly  a  spirit  of 
persecution  on  the  part  of  the  officials,  that  he  was  compelled 
to  refuse  compliance  with  these  requisitions.  Charges  for 
offences  alleged  to  have  been  committed  months  before,  were 
trumped  up,  and  the  accused  were  hunted  down,  and  thrust 
into  prison,  and  there  held  until  released  by  the  intercession 
of  the  governor,  or  upon  an  examination  being  demanded,  no 
accuser  or  witness  appeared.  Mr.  0.  W.  Babeock,  postmaster 


1  08  HISTORY  OF  KANSAS. 

at  Lawrence,  and  several  other  respectable  gentlemen,  were 
arrested  at  Topeka,  and  brought  to  Leconipton  as  prisoners. 
As  their  names  did  not  appear  in  the  warrant  held  by  the  dep 
uty-marshal  who  made  the  arrests,  inquiry  was  instituted  in 
regard  to  his  conduct,  when  it  appeared  they  were  seized  under 
the  general  appellation  of  "  others/'  the  warrant  demanding 
the  arrest  of  certain  parties  named,  "  and  others."  They  were 
free-state  men,  or  abolitionists,  and  that  fact  was  sufficient  to 
justify  the  outrage. 

Whilst  these  proceedings  were  being  conducted  with  surpris 
ing  and  admirable  industry  and  activity,  and  additions  were 
almost  every  hour  being  made  to  the  swelling  crowd  of  free- 
state  prisoners,  not  one  arrest  had  yet  been  made  of  a  pro- 
slavery  man.  The  murderer  of  Barber  ran  at  large,  and  was 
daily  in  conversation  with  the  marshal,  and  drinking  whiskey 
with  the  sheriff.  Buffum's  murderer,  though  known,  was 
unsought.  John  H.  Stringfellow,  Ira  Morris,  James  A.  Head- 
ley,  William  Martin,  Captain  Parker,  William  Simmons,  and 
many  others,  all  pro-slavery  men,  and  charged  with  serious 
crimes,  were  at  liberty,  though  warrants  against  them  were  in 
the  marshal's  hands,  and  the  governor  had  given  him  requisi 
tions  upon  General  Smith  and  Col.  Cook  for  a  sufficient  num 
ber  of  troops  to  secure  their  persons. 

Justly  indignant  at  the  one-sided  policy  that  was  clearly 
being  pursued  by  the  territorial  officers,  the  governor  addressed 
the  following  note  to  Marshal  Doiialson  : — 

"Executive  Department,  K.  T., 

"Leconipton,  Sept.  18,  1856. 
"I.  B.  DONATION,  Esq., 

"  United  States  Marshal,  K.  T. 

"  Sir :  A  warrant  was  issued  a  day  or  two  since  for  the  arrest  of 
the  murderer  or  murderers  of  Mr.  Buffum  at  or  near  the  residence  of 
Mr.  Thorn.  Please  report  to  me  whether  that  warrant  has  been  exe 
cuted,  or  whether  any  attempt  has  been  made  to  arrest  the  offenders 
hi  this  case,  and  what  has  been  the  result. 
"Yours,  £c., 

"Jxo.  W.  GEARY, 
"Governor  of  Kansas  Terrtory." 

The  r^ply  to  this  note  showed  that,  while  the  deputy-mar 
shals  were  extremely  active  in  executing  warrants  against  free- 
state  men,  some  of  whom  had  committed  no  offence,  they  had 
no  time  to  devote  to  such  scoundrels  as  the  assassins  of  Buf 
fum.  The  marshal  says  : — 


OFFICIAL  PARTIALITY.  169 

"  I  have  to  report,  that  upon  making  inquiry  of  my  deputy, 
Samuel  Cramer,  he  informed  me,  that  when  the  militia  from 
the  north  side  of  the  river  were  passing  through  this  place  on 
Monday  last  (returning  to  their  homes),  he  made  diligent 
inquiry,  and  used  all  the  means  in  his  power  to  ascertain  who 
the  murderer  or  murderers  of  said  Buffum  were,  with  a  view 
to  their  arrest;  but  from  the  vagueness  of  the  affidavit  ou 
which  the  warrant  was  procured,  in  which  no  names  are  men 
tioned,  xor  any  particular  description  of  their  persons,  or  any 
other  thing  about  them,  except  "six  men"  in  the  rear  or  be 
hind  a  company,  he  failed  to  identify  or  arrest  the  murderer 
or  murderers." 

This  reply  fully  satisfied  the  governor  that  every  attempt  to 
secure  the  murderer  by  means  of  the  warrant  issued,  must 
prove  futile.  To  put  such  a  warrant  in  the  hands  of  Samuel 
Cramer,  whose  prejudices  against  the  free-state  and  in  favor 
of  the  slavery  party  were  unsurpassed  in  bitterness  by  those 
of  any  other  man  in  Kansas,  was  equivalent  to  giving  him  an 
order  for  the  criminal's  escape.  Hence  other  measures  were 
pursued  to  accomplish  the  ends  of  justice.  The  governor  em 
ployed  secret  agents  to  visit  Atchison  county,  the  residence 
of  the  Kickapoo  Rangers,  and  by  making  careful  and  diligent 
inquiries,  to  obtain  some  clue  to  the  perpetrators  of  the  deed 
in  question. 

He  also  issued  a  proclamation,  offering  "a  reward  of  five 
hundred  dollars  for  the  arrest  and  conviction  of  the  murderer 
or  murderers  of  David  C.  Buffum,  of  Douglas  county,  to  be 
paid  immediately  upon  the  conviction  of  the  author  of  this 
great  outrage." 

The  consequence  was,  that  the  peace,  which  by  his  prompt, 
fearless,  and  energetic  action,  the  governor  had  promoted,  was 
again  threatened  and  in  danger.  The  free-state  people  were 
justly  incensed  at  the  wrongs  they  were  suffering,  and  for 
which  they  saw  no  means  for  redress.  Their  relatives  and 
friends  were  being  torn  from  them,  without  cause,  and  incar 
cerated  in  a  filthy  prison,  without  proper  food  or  clothing,  or 
accommodations  fitted  for  dogs,  for  weeks  and  months,  without 
a  conviction  for  crime,  or  even  a  trial,  whilst  well-known  rob 
bers  and  murderers  of  the  opposite  party  were  permitted  to 
come  to  their  very  prison  doors  and  insult  them  with  oaths  and 
jeers.  Murmurs  of  discontent  arose  on  every  hand,  and,  like 
the  distant  hum  of  the  ocean,  or  the  far-off  muttering  of  thun 
der,  rolled  into  the  executive  office.  Many  who  had  placed 
15 


170  HISTORY  OF  KANSAS 

implicit  confidence  in  the  governor,  and  who  looked  patiently 
to  him  for  protection  and  redress,  began  to  question  his  integ 
rity  and  impartiality,  and  suspect  him  of  having  a  secret  com 
plicity  with  the  other  federal  and  territorial  officers,  who, 
without  an  exception,  were  their  enemies  and  persecutors. 
Even  his  expressed  determination  to  secure  the  assassin  of 
Buffum,  and  his  proclamation  to  that  effect,  they  began  to 
regard  as  intended  only  to  blind  and  deceive.  The  free-state 
people  thought  they  saw  no  hope  for  themselves  save  in  God 
and  their  own  right  hands,  and  they  began  to  take  down  from 
their  resting  places,  and  make  ready,  their  arms.  They  pre 
ferred  to  fall  defending  their  lives  and  property  with  these, 
than  suffer  and  die  like  slaves.  Nor  were  they  hasty  or  un 
reasonable.  The  wretched  prison-house  was  crammed  with 
their  associates,  many  of  them  innocent  of  any  offence  save 
that  of  being  opposed  to  slavery;  whilst,  if  one  of  the  ruffians 
was  arrested  by  mistake  or  compulsion,  he  was  instantly  re 
leased  by  the  judges  upon  what  was  known  to  be  worthless 
bail. 

At  length,  early  in  November,  reliable  information  was  re 
ceived,  that  the  murderer  of  Buffum  was  a  man  named 
Charles  Hays,  a  member  of  the  band  of  Kickapoo  Rangers, 
and  living  in  Atchison  county.  A  new  warrant  was  accord 
ingly  issued  for  his  arrest,  the  marshal  ordered  to  execute  it 
without  delay,  and  in  a  few  days  Hays  was  brought  a  prisoner 
to  Lecompton.  A  grand  jury,  composed  entirely  of  pro-slav 
ery  men,  on  hearing  the  positive  and  overwhelming  testi 
mony  against  him,  found  a  true  bill,  and  committed  him  for 
trial,  on  the  charge  of  murder  in  the  first  degree.  Whilst  the 
governor  was  congratulating  himself  upon  the  certainty  of 
bringing  this  murderer  to  punishment,  and  thus  vindicating  him 
self  from  the  charge  of  complicity  with  the  other  officers  in 
screening  from  justice  all  pro-slavery  offenders,  as  well  as  re 
storing  the  failing  confidence  in  his  impartiality,  there  were  par 
ties  busily  at  work  to  thwart  him  in  his  just  determination, 
and  embarrass  still  more  than  ever  his  administration. 


LECOMPTE  DISCHARGES  THE  3IURDERERS.  171 


CHAPTER   XXVII. 

Discharge  of  Hays  by  Judge  Lecompte. — Order  for  his  re-arrest — Conduct 
of  Marshal  Donalson. — Col.  Titus  re-arrests  Hays,  who  is  again  set  at 
liberty  by  Lecompte  on  a  writ  of  habeas  corpus. — President  Pierce 
and  the  United  States  Senate  on  the  case  of  Lecompte. — Letter  from 
Secretary  Marcy  asking  explanations. — Governor  Geary's  reply. — Judge 
Lecompte's  letter  of  vindication. 

ON  the  10th  of  November  several  members  of  the  free-state 
party,  all  gentlemen  of  intelligence  and  respectability,  and 
citizens  of  the  territory,  called  upon  the  governor  to  protest 
against  the  abuses  they  were  suffering  from  the  partial  manner 
iu  which  the  government  was  conducted.  They  complained 
loudly  and  emphatically  of  the  fact  that  while  no  efforts  were 
made  to  arrest  pro-slavery  criminals,  or  that  if  arrested,  they 
were  immediately  discharged  on  bail,  numerous  free-state  men 
were  being  seized  almost  daily  by  the  officers,  thrust  into  prison, 
and  there  detained,  all  their  importunities  to  give  bail  being 
repulsed  by  Judge  Lecompte  and  other  pro-slavery  magis 
trates. 

The  governor  was  vindicating  his  own  policy,  and  the  im 
partial  and  independent  course  of  the  grand  jury  as  evinced  by 
their  recent  action  at  Lecompton.  They  had  found  true  bills, 
he  said,  against  a  number  of  prominent  pro-slavery  men, 
among  whom  was  Charles  Hays  for  the  murder  of  Buffum. 
The  men  indicted,  he  continued,  are  pro-slavery  men,  and  have 
position  and  influence  in  the  community ;  and  yet  their  posi 
tion  has  not  been  so  exalted  as  to  screen  them  from  the  search 
ing  scrutiny  of  an  independent  grand  jury,  though  summoned 
under  pro-slavery  auspices. 

The  governor  dwelt  upon  the  murder  of  Buffum,  described  it  as 
it  really  occurred,  narrated  the  circumstances  of  his  interview 
with  the  dying  man,  and  said  that  he  had  left  no  means  untried 
to  secure  the  murderer,  and  that  it  was  a  cause  of  great  gratulation 
to  him  that  the  grand  jury  had  so  promptly  done  their  duty  in 
the  matter  after  the  officers  had  succeeded  in  making  the  arrest. 
Now,  concluded  the  governor,  you  perceive  that  a  disposition 
does  exist  to  do  equal  and  exact  justice,  and  that  a  determina 
tion  prevails  to  bring  criminals  of  all  parties  to  punishment. 

He  had  scarcely  completed  the  last  sentence  when  several 
persons  entered,  one  of  them  remarking  that  Judge  Lecompte 


172  HISTORY  Or  KANSAS. 

had  admitted  Charles  Hays,  the  murderer  of  Buffum,  to  bail, 
and  that  Sheriff  Samuel  J.  Jones,  a  man  notoriously  not  worth 
a  dollar,  was  on  his  bail-bond. 

The  governor  was  astounded.  He  could  scarcely  accredit 
what  he  heard.  All  his  arguments  were  scattered  to  the  winds. 
He  no  longer  doubted  his  true  position.  The  cloud  was  dis 
persed,  and  he  saw  precisely  where  he  stood.  lie  was  alone  in 
the  territory.  He  was  not  only  not  supported  by  a  single 
officer  sent  there  by  the  general  government,  but  every  one 
of  them  was  exerting  his  influence  and  power  to  oppose  his 
efforts  to  do  justice  to  the  people  and  secure  the  peace  he  had 
effected.  He  saw  himself  surrounded  by  a  combination  of 
official  traitors,  banded  together  to  embarrass  all  his  just  opera 
tions  for  the  public  good.  He  had  devoted  much  time,  ex 
pended  over  two  hundred  dollars,  and  offered  a  reward  of  five 
hundred  more,  to  secure  the  person  of  one  of  the  foulest  mur 
derers  that  ever  disgraced  the  human  form.  No  sooner  had  he 
accomplished  this  object — at  a  time  when  it  was  of  the  utmost 
importance  to  allay  the  rising  excitement  of  an  aggrieved  peo 
ple,  and  to  satisfy  them  of  his  honest  intentions  to  do  justice 
to  all  men — than  the  chief-justice  steps  forward  and  sets  the 
criminal  free.  He  saw  at  a  glance  that  he  must  now  assume 
weighty  responsibilities,  and  act  independently  and  for  him 
self,  as  the  government  had  surrounded  him  with  men  who  were 
resolved  upon  frustrating  the  impartial  policy  he  had  come  to 
enforce.  No  other  course  was  left  to  keep  down  the  smoul 
dering  volcano  that  was  about  to  break  forth  with  fearful  vio 
lence,  or  prevent  a  civil  war,  the  elements  for  which  were 
gathering.  He  knew  that  he  must  act  promptly  and  decisively, 
and  in  such  a  manner  as  to  convince  the  people  of  the  terri 
tory  that  he  looked  with  detestation  upon  the  conduct  of  Le- 
compte,  and  was  disposed  to  annul  his  action.  No  other  policy 
was  left,  else  in  another  day  a  thousand  bayonets  would  have 
glistened  in  the  sunbeams,  and  a  thousand  strong  hearts, 
aroused  to  vengeance,  would  have  been  marching  toward  Le- 
compton  to  set  at  liberty  the  free-state  prisoners,  and  chastise, 
as  they  merited,  those  who  held  them  in  unjust  confinement. 

"  You  see  how  it  is,  governor,"  said  the  free-state  men , 
11  all  our  statements  are  confirmed.  Did  not  Judge  Lecompte 
refuse  to  entertain  a  motion  to  have  evidence  in  the  case  of 
the  free-state  men  charged  with  the  Hickory  Point  murder, 
to  ascertain  whether  the  offence  was  bailable,  as  it  afterwards 
turned  out  to  be  by  the  verdict  of  the  jury  only  finding  man- 


GOV.  GEARY  RE-ARRESTS  HATS.  173 

plnuirhter?  In  these  cases  the  motion  to  admit  to  bail  was 
made  before  bill  found,  when  the  right  was  unquestionable ; 
but  in  the  case  of  Buffum,  after  the  grand  jury  had  maturely 
considered  the  matter,  and  found  a  true,  bill  against  Charles 
Hays  for  murder  in  the  first  degree,  this  murderer  is  imme 
diately  bailed,  and  without  authority  of  law  or  precedent  for 
so  glaring  an  act,  is  set  at  large.  The  free-state  men,"  conti 
nued  they,  "  can  no  longer  expect  even-handed  justice,  and 
their  only  hope  must  be  in  physical  force." 

The  governor  replied  that  he  was  conscientious  on  the  sub 
ject  ;  he  was  instructed  to  preserve  the  peace  of  the  territory, 
and  to  exercise  his  discretion  as  to  the  means  to  be  employed; 
and  was  sworn  to,  and  would  at  all  hazards,  discharge  his  duty 
as  he  understood  it.  He  boldly  pronounced  the  action  of 
Chief  Justice  Lecompte  in  dismissing  the  murderer  of  Buffum, 
after  the  (/rand  jury  had  found  a  bill  of  indictment  against 
him  for  murder  in  the  first  degree,  as  a  judicial  outrage,  and 
under  the  circumstances,  without  precedent,  as  highly  dis 
courteous  to  himself,  he  having  been  the  means  of  arresting 
Hays,  and  should  have  been  consulted ;  as  greatly  calculated 
to  endanger  the  public  peace,  and  to  destroy  the  entire  in 
fluence  of  the  policy  he  was  laboring  day  and  night  to  inaugu 
rate  ;  and  to  bring  the  court  and  judiciary  into  contempt. 

He  declared  that  he  would  treat  the  decision  of  Judge  Le 
compte  as  a  nullity,  and  proceed  upon  the  indictment  for 
murder  to  re-arrest  Hays  as  though  he  had  merely  escaped,  and 
would  submit  the  matter  to  the  president,  feeling  assured  that 
he  would  permit  no  judicial  officer  to  forget  his  duty  and  trine 
with  the  peace  of  the  territory  by  making  decisions  abhorrent 
to  public  justice,  and  grossly  steeped  in  partiality.  He  ac 
cordingly  issued  the  following  warrant : 

"Executive  Department,  K.  T., 

"Lecompton,  Nov.  10,  1856. 
"I.  B.  DONALSON,  Esq., 

"Marshal  of  Kansas  Territory. 

"Sir:  An  indictment  for  murder  in  the  first  degree  having  been 
duly  found  by  the  grand  jury  of  the  territory  against  Charles  Hays, 
for  the  murder  of  a  certain  David  C.  Buffum,  in  the  county  of  Douglas 
in  this  territory,  and  the  said  Charles  Hays  having  been  discharged 
upon  bail,  as  I  consider  in  violation  of  law,  and  greatly  to  the  endan 
gering  of  the  peace  of  this  territory : 

"This  is  therefore  to  authorize  and  command  you  to  re-arrest  the 
said  Charles  Hays,  if  he  be  found  within  the  limits  of  this  territory, 
15* 


174  HISTORY  OF  KANSAS. 

and  safely  to  keep  him  until  be  is  duly  discharged  by  a  jury  of  his 
country,  according  to  law. 

"  Given  under  my  hand  and  seal  at  the  city  of  Lecompton, 
'  ]      the  day  and  year  first  above  written. 
SEAL.    I  "Jxo.  W.  GEARY, 

J  "Governor  of  Kansas  Territory." 

This  warrant  was  handed  to  Marshal  Israel  B.  Donalson, 
who  was  in  the  executive  office  during  the  foregoing  occur 
rences.  He,  however,  declined  to  execute  it,  saying  he  would 
take  time  to  consider  the  matter,  aiid  give  his  answer  in 
writing. 

The  marshal  retired,  and  the  governor  immediately  made 
out  a  duplicate  warrant,  and  placed  it  in  the  hands  of  his  spe 
cial  aid-de-camp,  Col.  H.  T.  Titus,  with  orders  to  take  a  file  of 
men  and  execute  it  without  delay,  as,  while  the  marshal  was 
considering  the  matter,  Hays  would  escape.  Colonel  Titus 
promptly  obeyed  the  order,  and  departed  on  his  mission,  the  re 
sult  of  which  is  given  in  the  following  report : — 

"Lecompton,  Nov.  12,  1856 
"  His  EXCELLENCY,  J.  W.  GEARY, 

"Governor  of  Kansas  Territory. 

"  Sir  :   In  pursuance  of  your  warrant  of  10th  instant,  T  proceeded  to 
the  residence  of  Charles  Hays  and  arrested  him,  brought  him  to  this 
place,  aud  now  hold  him  subject  to  your  further  order. 
"  Your  obcdieut  servant, 

"  H.  T.  TITUS." 

In  the  meantime  Marshal  Donalson  had  considered  the 
matter,  and  declined,  to  execute  the  order  for  the  re-arrest  of 
Hays,  concluding  his  answer  in  writing  with  the  following 
paragraph ; — 

"  Your  determination,  as  expressed  this  evening,  (if  I  re 
fused  to  execute  your  order),  to  suspend  me  or  procure  my 
discharge  by  the  president,  induces  me  to  say  that  I  have  some 
days  since  determined  to  discontinue  my  present  official  rela 
tions  with  this  territory ;  and  I  now  desire  the  favor  of  you  to 
assure  the  president  of  my  gratitude  for  his  confidence  aud 
kindness,  and  ask  him  to  relieve  me  from  my  present  position 
as  soon  as  may  be  convenient." 

Hays  remained  in  the  custody  of  Colonel  Titus  until  Gover 
nor  Geary  visited  Leavenworth  City,  on  the  17th  November, 
to  attend  the  public  sales  of  the  Delaware  lands.  During  his 
absence  Hays  was  again  discharged  by  Judge  Lecompte  on  a 


INTERESTING  CORRESPONDENCE.  175 

writ  of  habeas  corpus,  as  shown  in  the  subjoined  communica 
tion  from  Colonel  Titus  : — 

"  Lecompton,  Nor  21,  1856. 
"  His  EXCELLENCY,  JOHN  W.  GEARY, 

"  Governor  of  Kansas  Territory. 

"Sir:  I  have  the  honor  to  state  that  during  your  recent  absence 
from  this  place,  a  writ  of  habeas  corpus,  issued  by  Chief  Justice  Le- 
compte,  was  served  upon  me,  by  which  I  was  commanded  to  produce 
the  body  of  Charles  Hays  before  him,  with  the  cause  of  his  detainer  • 
"  That  in  obedience  to  the  writ,  I  caused  the  body  of  Hays  to  be 
produced  before  Judge  Lecompte,  and  returned  as  the  cause  of  his 
detention  the  finding  by  the  grand  jury  of  a  true  bill  of  indictment 
against  him  for  murder  in  the  first  degree,  committed  upon  the  per 
son  of  one  David  C.  Buifum,  together  with  your  warrant,  commanding 
the  re-arrest  of  the  said  Hays  and  his  detention  until  his  discharge 
by  a  jury  of  his  country  according  to  law. 

"I  have  further  to  state  that  Judge  Lecompte  discharged  the  said 
Hays  from  my  custody  notwithstanding  my  return,  and  that  he  is 
now  at  large.  I  have  the  honor  to  remain, 

"  Your  obedient  servant, 

"  H.  T.  TITUS." 

The  governor  did  not  attempt  to  interfere  with  this  writ  of 
habeas  corpus.  His  action  in  the  case  had  satisfied  the  free-state 
people  that  he  had  no  complicity  whatever  with  the  partial 
policy  of  the  other  officers,  and  that  he  would  do  them  justice 
to  the  full  extent  of  his  power.  He  therefore  contented  himself 
with  forwarding  to  the  president  and  secretary  his  executive 
minutes,  containing  a  history  of  the  circumstances  as  above 
related,  and  showing  the  necessity  for  a  less  partial  judiciary 
in  order  to  preserve  the  peace  of  the  territory,  and  enable  him 
to  enforce  their  own  instructions. 

President  Pierce  forthwith  nominated  Mr.  C.  0.  Harrison, 
of  Kentucky,  to  the  Senate,  as  successor  to  Lecompte,  without, 
however,  issuing  a  writ  of  supersedeas,  which  was  a  sufficient 
reason  for  the  Senate  to' withhold  their  confirmation  of  Mr. 
Harrison's  appointment.  Neither  the  president  nor  the  Senate 
were  disposed  to  assume  a  responsibility  in  the  matter;  and 
Judge  Lecompte,  not  being  superseded,  remained  in  office,  to 
the  enthusiastic  delight  of  the  pro-slavery  party,  and  to  the 
still  further  annoyance  of  Governor  Geary,  and  the  embarrass 
ment  of  his  honest  and  judicious  administration. 

While  the  question  was  pending  before  the  Senate,  which 
was  nothing  more  than  one  of  those  political  farces  so  often 
enacted  to  dazzle  the  vision  of  the  people,  who  are  not  per- 


176  HISTORY  OF  KANSAS. 

mitterl  to  look  behind  the  scenes.  Secretary  Marcy  forwarded 
the  following  dispatch  to  Governor  Geary : — 

"  Department  of  State : 

"  Washington,  4th  February,  1857. 
"To  JOHN  W.  GEARY,  Esq., 

"  Governor  of  Kansas,  Lecompton. 

"SiR: — The  original  letter  of  which  the  inclosed  is  a  copy,  was 
brought  to  the  notice  of  the  president,  a  few  days  since,  by  Hon. 
James  A.  Pearce,  of  the  United  States  Senate.  The  discrepancies 
between  the  statements  of  this  letter  and  those  contained  in  your 
official  communication  of  the  19th  of  September,  last,  are  such,  that 
the  president  directs  me  to  inclose  you  the  copy  for  explanation. 
"  1  am,  sir,  respectfully,  your  obed't  serv't. 

"W.  L.  MARCY." 

To  this  insulting  epistle  the  governor  immediately  made  the 
following  laconic  reply  : — 

"Executive  Department,  Kansas  Territory, 

"Lecompton,  February  20th  1857. 
"  Hon.  WM.  L.  MARCY, 

"Secretary  of  State. 

"SiR: — Your  dispatch  of  4th  instant,  enclosing  me  a  copy  of 
Judge  Lecompte's  letter  in  the  Hays  case,  and  calling  my  attention 
'  to  the  discrepancies  between  the  statements  of  that  letter,  and  those 
contained  in  your  (uiy)  official  communication  of  19th  of  September, 
last,'  and  requesting  «  explanation,'  was  received  by  last  mail. 

"In  reply,  I  have  simply  to  state,  that  'what  I  have  written,  I 
have  written,'  and  I  have  nothing  further  to  add,  alter,  or  amend  on 
this  subject. 

"My  executive  minutes,  faithfully  chronicling  my  official  actions, 
and  the  policy  which  dictated  them  at  the  time  they  occurred,  and 
my  various  dispatches  to  the  government,  contain  but  the  simple 
truth,  told  without  fear,  favor,  or  affection,  and  I  will  esteem  it  a 
favor  to  have  them  all  published  for  the  inspection  of  the  country. 

"  Your  obed't  servant, 

"JNO.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

The  letter  of  Lecompte  embraced  some  twenty  or  more  pages 
of  foolscap,  written  in  his  usual  wordy  and  indefinite  style. 
That  portion  of  it  which  relates  directly  to  the  Hays  case,  fully 
sustains  all  that  was  affirmed  in  the  executive  minutes  con 
cerning  that  subject. 

lie  says:  "I  take  pleasure  in  furnishing  you  the  facts  in 
the  Hays  case,  which,  I  see  by  your  letter,  as  well  as  by  news 
paper  items,  has  obtained  a  notoriety  vastly  disproportioued  to 
its  real  consequence. 

"  Ou  the  last  day  of  the  term  of  my  court,  held  at  Lecomp- 


REASONS  FOR  DISCHARGING  HAYS.  177 

ton  for  the  first  district,  application  was  made  by  the  counsel 
for  Hays  for  bail.  Understanding  that  he  was  indicted  for 
murder,  I  observed  that  I  could  not  admit  to  bail,  unless  tes 
timony  was  offered  tending  to  acquit  him  of  the  charge.  I 
was  asked  by  his  counsel  whether  I  would  hear  such  testimony. 
The  term  of  the  court  being  limited,  and  that  being  the  last 
day  of  its  session,  I  said  I  would.  A  witness  was  called,  who 
stated  that  he  was  with  the  prisoner  on  the  day  named  in  the 
indictment,  and  that  they  were  coming  in  company  from  Le 
compton  to  Leavenworth. 

"  I  inquired  for  and  had  called  the  witnesses  on  the  part  of 
the  territory.  They  were  not  in  attendance.  The  matter  being 
submitted  on  the  evidence,  and  some  observations  by  his  coun 
sel,  who  claimed  to  have  thus  furnished  proof  of  an  alibi,  I 
declined  to  admit  him  to  bail,  stating  as  my  reason  that  I  did 
not  consider  the  day  named  as  an  averment  material  to  be 
proved,  and  that,  while  the  proof  exonerated  him  from  the 
charge  on  that  day,  it  was  possible,  and  consistent  with  the 
evidence  offered,  that  he  was  guilty  of  the  crime  on  another 
day,  before  or  after,  and  committed  him  to  the  custody  of  the 
marshal. 

u  In  the  afternoon,  by  his  counsel,  he  asked  permission  to 
offer  other  and  additional  testimony,  to  have  a  further  bearing 
upon  his  application.  This  I  granted.  Some  two  or  three 
(three,  I  think)  other  witnesses  were  sworn,  who  concurred  in 
saying  that  they  were  with  Hays  in  the  ranks  of  the  militia, 
returning  from  Lawrence  to  Lecompton,  on  the  day  of  the 
murder,  and  that  he  was  in  the  ranks  during  the  day,  and  that 
they  frequently  saw  him.  I  again  had  the  witnesses  for  the 
government  called.  They  not  being  forthcoming.  I  stated  that 
I  was  not  fully  satisfied  to  bail.  At  this  moment  the  district 
attorney,  prosecuting  on  behalf  of  the  government,  arose  and 
st;«.ted  that  he  knew  Hays  well;  that  he  was  a  neighbor  of 
his  ;  and  that  he  had  full  confidence  that  Mr.  Hays  could  give 
good  bail,  and  should  be  forthcoming  to  answer  the  charge,  if 
bail  were  allowed;  and  that  he  had  no  objection  to  his  being 
admitted  to  bail. 

a  I  immediately  replied,  that  being  the  case,  if  he  can  give 
sufficient  security  in  the  sum  of  tea  thousand  dollars,  I  will 
take  it.  It  was  immediately  given,  and  he  was  discharged. 

"  But  for  subsequent  occurrences,  I  know  not  that  I  should 
have  thought  of  the  matter  again  from  that  day  to  this.  It 
attracted  no  more  of  my  attention  than  any  other  case  upon 
M 


178  HISTORY  OF  KANSAS. 

which  I  have  acted.  I  never  heard  the  matter  mentioned,  as 
I  now  recollect,  except  as  I  have  detailed  it.  *  *  *  * 

"  To  my  infinite  surprise,  I  learned  from  the  marshal,  who, 
passing  my  house,  called  to  see  me  the  next  Wednesday,  that 
the  governor  had  ordered  him  to  re-arrest  Hays,  and  that,  upon 
his  refusal,  Colonel  Titus  had  been  ordered  to  re-arrest  him, 
and  had  left  Lecoinpton  for  that  purpose. 

"  A  day  or  two  afterwards,  application  was  made  to  me  by 
Hays  for  an  habeas  corpus.  This  I  issued.  Being  brought 
before  me  on  the  return  day,  and  the  matter  being  submitted, 
I  discharged  him." 

Such  is  Chief-Justice  Lecompte's  version  of  the  affair,  given 
in  vindication  of  his  conduct — a  version  which  must  condemn 
him  in  the  estimation  of  every  man  acquainted  with  the  facts. 
The  most  of  his  statements  are  true — strictly  true — and  hence 
the  less  excuse  for  his  conduct. 

The  history  of  the  case  is  simply  this.  The  "  Kickapoo 
Hangers/7  of  which  company  Hays  was  a  member,  left  Law 
rence  early  in  the  morning  of  the  murder,  reached  Lecompton 
!i,bout  noon,  crossed  the  river  shortly  afterwards,  and  proceeded 
northward  toward  Atchison  on  the  same  day. 

When  near  Lecompton,  six  of  this  company  left  the  ranks, 
and  one  of  them  murdered  Buffum,  stole  his  horses  and  the 
horse  of  Miss  Thorn,  and  rejoinded  the  company;  the  time 
occupied  in  the  murder  and  robbery  not  exceeding,  perhaps, 
five  minutes. 

The  testimony  upon  which  Hays  was  committed,  clearly 
and  positively  established  that  he  left  the  ranks;  that  he  was 
absent  long  enough  to  commit  the  crimes  alleged ;  that  he  was 
seen  to  take  Buffum  by  the  shoulder  with  one  hand,  and  to 
shoot  hi.n  with  the  other,  calling  him,  as  the  dying  man  tes 
tified,  a  d d  abolitionist;  and  that  he  was  in  possession 

of  the  stolen  horses. 

With  these  facts  before  him,  and  with  which  Judge  Le- 
compte  was  perfectly  familiar,  application  was  made  for  the 
discharge  of  Hays  on  bail,  and  witnesses  were  offered  by  the 
district  attorney,  an  associate  of  the  criminal,  to  prove  an 
ttlihi.  The  judge  called  the  witnesses  for  the  prosecution, 
knowing  that  they  were  more  than  fifty  miles  distant,  and,  of 
course,  they  did  not  answer.  He  then  heard  the  evidence  to 
prove  an  alibi.  This  went  to  show  precisely  what  the  prose 
cution  had  proved,  that  Hays  was  "  in  the  ranks  of  the  militia, 
returning  from  Lawrence  to  Lecompton,  on  the  day  of  the 


179 

murder,  and  that  he  was  in  the  ranks  during  the  day,  and 
that"  the  witnesses  "frequently  saw  him;"  also,  that  on  the 
afternoon  of  the  same  day,  Hays  was  on  the  north  side  of  the 
Kansas  River,  still  in  the  ranks  of  the  militia,  marching  from 
"  Lecompton  to  Leavenworth."  All  this  was  strictly  true, 
and  the  witnesses  for  an  alibi  might  also  have  added,  that, 
when  on  the  north  side  of  the  river,  Hays  had  with  him  the 
stolen  horses,  one  of  which  was  subsequently  returned  to  Miss 
Thorn,  the  owner,  by  Colonel  Clarkson,  commander  of  the 
11  Rangers/'  upon  a  requisition  from  Governor  Geary. 

How  the  chief-justice  could  discover  any  evidence  in  this 
testimony  with  which  to  prove  an  alibi,  was  a  matter  for  won 
der  and  amusement  even  to  his  friends.  It  was,  however, 
quite  sufficient  to  satisfy  his  judicial  understanding,  and  he 
immediately  said  that  if  Hays  could  give  "sufficient  security 
in  the  sum  often  thousand  dollars,  he  would  take  it."  Where 
upon  Samuel  J.  Jones,  sheriff  of  Douglas  county,  offered  him 
self  as  sufficient  for  that  amount,  (and  he  would  have  done  the 
same  had  it  been  ten  millions)  and  the  chief  justice  was  sat- 
i*Jied,  and  the  murderer  discharged. 

The  remainder  of  Judge  Lecoinpte's  lengthy  letter,  sent  to 
Governor  Geary  for  explanation,  consists  of  little  else  than  a 
wordy  denial  of  the  charge  of  having  refused  bail  to  free-state 
men,  or  been  influenced  in  any  way  in  the  discharge  of  his 
judicial  functions  by  party  considerations ;  all  of  which  he 
maintains  with  a  pertinacity  which  might  induce  a  reader  not 
thoroughly  acquainted  with  the  man,  and  with  his  official  his 
tory,  to  imagine  that  the  judge  was  really  laboring  under  the 
hallucination,  that  he  always  had  been,  was  then,  and  was  re 
solved  ever  after  to  be,  a  most  righteous  and  impartial  judge. 

The  facts  in  the  case  of  Hays  were  misrepresented  by  the 
Lecompton  Union,  and  Governor  Gear/s  conduct,  as  were  all 
his  acts,  made  the  subject  of  an  abusive  article.  To  this 
George  W.  Brown,  who  was  one  of  the  treason  prisoners,  re 
plied  as  follows,  in  the  Herald  of  Freedom,  of  which  paper 
he  is  the  editor.  Some  of  the  undeniable  facts,  stated  in  this 
article,  utterly  disprove  Judge  Lecompte's  pretensions  to  im 
partiality  in  the  discharge  of  his  official  duties  : — 

(i The  Union  justifies  Lecompte,  because  the  defendant  in 
troduced  ex parte  evidence,  and  proved  an  alibi.  Tho  judge 
was  offered  proof,  and  in  fact  we  did  prove  before  him,  that  at 
the  time  we  were  charged  with  doing  certain  treasonable  things 
in  Kansas,  and  for  more  than  one  month  previous,  we  had  been 


180  HISTORY  OF  KANSAS. 

out  of  the  territory,  and  could  not  have  been  guilty  of  the 
crime  with  which  we  were  charged.  Moreover  we  offered  to 
give  bonds  in  the  sum  of  $50,000  for  our  appearance  at  the 
next  term  of  the  court  to  answer  the  indictment ;  and  yet  the 
judge  declared  the  offence  not  bailable.  Four  months  after  he 
took  bail,  however,  in  the  sum  of  $5,000,  basing  his  action  up 
on  the  laches  of  the  prosecution. 

"In  the  indictment  against  the  ninety-eight  free-state  pris 
oners  he  refused  bail,  as  they  were  indicted  for  murder.  He 
well  knew  that  there  was  not  a  jury,  however  malevolent,  which 
could  be  so  packed  as  to  bring  in  a  verdict  of  murder,  because 
of  the  absence  of  malice  prepense.  At  best  it  could  only 
amount  to  manslaughter,  and  yet  the  judge  refused  them  bail. 

"  In  the  case  of  Buffuni,  it  was  a  cold-blooded,  deliberate 
murder.  There  were  no  extenuating  circumstances.  The 
wretches  attempted  to  steal  his  horses  j  Mr.  Buffum  remonstra 
ted,  and  was  shot  down  like  a  wild  beast.  A  packed  pro- 
slavery  grand  jury  indicted  Hays  for  murder.  Lecompte  re 
leased  him  on  bail. 

"  The  governor  was  knowing  to  the  murder  of  Buffum.  He 
stood  by  his  bed-side,  and  heard  from  the  dying  man,  in  ex 
tremis,  a  statement  of  facts ;  and  with  Judge  Cato,  took  his 
affidavit  in  due  form  of  law.  Hays  was  proven  before  the  grand 
jury  to  be  the  man  who  inflicted  the  mortal  blow.  Five  hun 
dred  dollars  reward  had  been  offered  by  the  governor  for  his 
apprehension,  and  he  was  arrested — arrested  for  wilful  and 
deliberate  murder ;  and  Judge  Lecompte,  disregarding  the  feel 
ings  of  an  incensed  public  j  disregarding  his  own  duty  as  a 
United  States  judge,  sworn  to  discharge  the  duties  of  his  office 
with  fidelity  ;  disregarding  the  sanctity  of  his  judicial  robes ; 
bound  in  honor  as  in  law  to  know  no  party,  and  show  no  favor 
itism — released  that  man,  whose  hands  were  dripping  with 
innocent  blood,  to  go  at  large,  and  repeat  the  same  foul  crime. 

"  It  was  too  much  for  our  territorial  executive  to  bear.  He 
had  seen  the  villany  of  that  judge,  and  had  passed  him  by. 
He  had  seen  Judge  Jeffreys'  character  re-enacted  on  the  judi 
cial  bench  in  Kansas,  and  had  winced  at  his  numberless  faults. 
But  when  such  a  high-handed  and  atrocious  act  as  the  one 
alluded  to,  came  to  his  knowledge,  it  was  too  much  for  his 
equanimity  to  endure  longer.  Sworn  to  see  that  the  laws  were- 
faithfully  executed,  and  feeling  the  sacreduess  of  his  pledge 
to  know  no  north,  no  south,  no  east,  no  west,  but  to  discharge  his 
duty  honestly,  as  given  in  his  inaugural,  he  resolved  on  dis- 


REQUISITIONS  FOR  TROOPS.  181 

charging  that  duty,  and  ordered  Hays  again  into  custody. 
Donalson,  who  summoned  a  posse  of  half  a  thousand  men  to 
aid  in  arresting  three  individuals  where  no  resistance  was 
threatened,  refused  to  obey  the  reasonable  request  of  the  go 
vernor.  If  Governor  Geary  possesses  a  particle  of  influence 
with  the  national  administration,  it  is  clearly  his  duty  to  see 
that  these  men  are  removed  from  office." 


CHAPTER  XXVIII. 

The  United  States  Marshal. — His  deputies. — Requisitions  for  United 
States  soldiers. — Visit  of  the  governor  to  Topeka,  and  arrest  of  prison 
ers. — An  address  to  the  citizens  of  Topeka. — Report  of  the  marshal. — 
Requisition  declined,  and  an  evil  practice  discontinued. 

ISRAEL  B.  DONALSON,  then  United  States  Marshal  of  Kansas 
Territory,  is  considerably  advanced  in  years,  and  although 
decidedly  in  favor  of  the  slave  party,  and  one  of  its  members, 
was  not  of  the  rabid  sort,  and  had  quite  a  sufficiency  of  the 
"  milk  of  human  kindness"  in  his  heart,  to  do  justly  if  he 
could  or  dared.  His  surroundings,  however,  were  every  way 
unfavorable  to  a  proper  and  just  discharge  of  his  duties.  His 
deputies  were  all  violent  pro-slavery  men,  younger  and  more 
active  than  himself,  and  he  became  responsible  for  many  of 
their  illiberal  acts.  He  being  their  authorized  head,  their 
persecutions  of  free-state  people  were  chargeable  to  his  account. 
The  marshal  himself  seldom  went  on  an  expedition  to  execute 
a  warrant,  and  his  deputies,  knowing  that  they  had  rendered 
themselves  offensive  by  their  abuses  of  their  privileges  and 
powers,  feared  to  go  beyond  the  shadow  of  Lecompton  without 
being  attended  with  a  posse  of  United  States  troops.  Hence, 
whenever  a  warrant  was  issued,  the  governor  received  from 
the  marshal  a  requisition  of  which 'the  following  is  a  speci 
men  : — 

"Lecompton,  Kansas  Territory, 

"September,  17th,  1856. 
"To  his  Excellency,  JOHN  W.  GEARY, 

"Governor  of  Kansas  Territory. 

"Sin: — Finding  the  ordinary  course  of  judicial  proceedings,  and 
the  powers  vested  in  me  as  United  States  Marshal  of  the  territory, 
inadequate  to  execute  a  warrant  placed  in  my  hands,  from  the  Hon. 

16 


182  HISTORY  OF  KANSAS. 

Samuel  D.  Lecompte,  Chief  Justice  Supreme  Court  of  Kansas  Terri 
tory,  for  the  arrest  of  one  Colonel  Whipple  and  others,  I  respectfully 
request,  that  a  posse  of  United  States  troops  be  furnished  me  to  as 
sist  in  making  said  arrests,  and  for  the  due  execution  of  a  number 
of  other  warrants,  now  in  my  hands. 

"Very  respectfully,  your  obed't  serv't, 

"I.  B.   DONALRON, 

"  U.  S.  Marshal,  Kansas  Territory." 

IQ  compliance  with  these  requests,  which  were  usually 
accompanied  with  a  verbal  statement  of  the  number  of  soldiers 
the  marshal  supposed  he  would  require  for  the  particular 
occasion  stated,  the  governor  was  accustomed  to  make  requisi 
tion  as  follows  upon  the  commanding  officer  nearest  the  place 
where  the  warrant  was  intended  to  be  executed : — 

"Executive  Department,  K.  T. 

"Lecompton,  September  17th,  1856. 
"  To  Col.  PHILIP  ST.  GEORGE  COOK, 

"Commanding  U.  S.  Dragoons,  near  Lecompton. 
"Sin: — I  have  just  been  shown  sundry  warrants  from  the  chief 
justice  for  the  arrest  of  a  number  of  persons  charged  with  the  com 
mission  of  crimes  in  this  territory.  The  marshal  has  also  duly  certi 
fied  me,  that  the  powers  vested  in.  him  by  the  civil  authority,  is  inade 
quate  to  enable  him  to  execute  the  aforesaid  warrants,  and  he 
requires  the  aid  of  the  United  States  troops  to  enable  him  to  execute 
the  same.  You  will,  therefore,  please  furnish  the  marshal  with  two 
hundred  dragoons,  that  being  the  number  desired  by  him.  I  will 
accompany  them,  on  this  occasion,  in  person. 

"Your  obed't  serv't. 

"J>'o.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

Although,  as  will  hereafter  appear,  General  Smith  subse 
quently  refused  to  furnish  Governor  Geary  at  his  request, 
with  two  companies  of  troops,  to  preserve  the  peace  of  the 
territory  from  a  threatened  disturbance  at  Lecompton,  it  is 
but  justice  to  the  general  to  record  that  neither  himself,  nor 
any  officer  under  his  command,  ever  hesitated  to  answer  the 
governor's  requisitions  for  soldiers  to  accompany  the  marshal 
or  his  deputies  in  pursuit  of  alleged  horse-thieves  or  other 
criminals. 

In  compliance  with  the  above  cited  requisition,  Col.  Cook 
furnished  two  hundred  mounted  men,  with  which  force,  the 
governor,  accompanied  by  the  marshal,  left  Lecompton,  for 
Topeka,  at  2  o'clock  on  the  afternoon  of  the  17th  of  September. 
Soon  after  their  departure  a  most  violent  storm  of  wind  and 
rain  arose,  which  continued  during  the  entire  evening,  render- 


GOVERNOR  GEARY  AT  TOPEKA.  183 

ing  travel  almost  impossible.  With  great  difficulty,  and  after 
being  thoroughly  drenched,  they  reached  Tecuinseh,  a  distance 
of  ten  miles,  and  encamped  for  the  night.  Early  on  the 
following  morning,  they  proceeded  to  Topeka,  reaching  that 
town  about  eight  o'clock.  Here  the  warrants  were  executed 
and  twelve  prisoners  arrested.  A  large  quantity  of  captured 
property,  consisting  of  horses,  buggies,  wagons,  &c.,  was  iden 
tified  and  recovered.  With  this  and  the  prisoners,  the  troops 
were  dispatched  for  Leconipton,  the  governor  remaining  alone 
at  Topeka. 

The  citizens  here  soon  assembled  together  in  town  meeting. 
They  were  disposed  to  be  refractory  and  some  of  them  quite 
insolent.  They  were  evidently  under  the  influence  of  strong 
prejudices  against  the  governor,  and  by  no  means  disposed  to 
favor  his  supposed  policy  or  any  of  his  movements.  Some 
endeavored  to  annoy  him  with  what  they  considered  smart  and 
perplexing  questions;  others  proposed  entering  into  a  treaty, 
the  terms  of  which  they  were  to  establish;  whilst  still  others 
averred  that  they  had  a  governor  of  their  own  choice,  to  whom 
and  to  whom  only,  they  owed  and  would  yield  allegiance. 

After  listening  patiently  to  all  they  had  to  say  concerning 
their  real  or  imagined  grievances,  and  resolves  in  regard  to 
their  future  conduct,  the  governor  addressed  them  with  great 
earnestness  and  at  considerable  length. 

He  informed  them  that  it  was  no  lot  nor  part  of  his  errand 
to  Kansas  to  make  treaties  with,  but  to  govern  its  people. 
He  did  not  come  to  Topeka  to  discuss  with  its  citizens  the 
question  of  his  right  to  the  office  he  occupied,  but  to  let  them 
understand  that  he  and  he  only  was  the  Governor  of  Kansas, 
appointed  by  the  president  and  confirmed  as  such  by  the 
Senate  of  the  United  States,  and  that  they  must  and  should 
yield  obedience  to  all  his  reasonable  requirements.  He  came 
to  enforce  the  principles  of  the  Constitution  of  the  United 
States,  the  organic  law  of  the  territory,  and  all  the  territorial 
statutes  not  conflicting  therewith — to  maintain  the  doctrines 
of  popular  sovereignty — and  to  support  the  whole  people, 
whatever  were  their  political  predilections,  in  the  maintenance 
of  their  lawful  privileges  and  rights.  He  had  no  partialities 
— all  the  citizens  had  equal  claims  to  his  guardian  care — and 
to  all  classes  he  would  do  equal  and  exact  justice. 

"Gentlemen,"  said  he,  in  one  of  his  addresses,  "  I come 
not  to  treat  icith,  but  to  govern  you.  There  is  now  in  the 
territory  no  other  governor  than  myself.  I  will  protect  the 


184  HISTORY  OF  KANSAS. 

lives  and  property  of  every  peace-loving  and  law-abiding  citizen, 
with  all  the  power  I  possess.  I  will  punish  every  law-breaker, 
whatever  may  be  his  position  or  pretensions.  I  will  not  for  a 
moment  tolerate  any  questioning  of  my  authority.  All  who 
are  in  favor  of  restoring  peace  to  this  distracted  territory  can 
range  themselves  under  my  banner;  all  others  I  will  treat  as 
bandits  and  robbers,  and  as  such  extirpate  them  at  the  point 
of  the  bayonet.  Don't  talk  to  me  about  slavery  or  freedom — 
free-state  men  or  pro-slavery  men — until  we  have  restored  the 
benign  influences  of  peace  to  the  country;  until  we  have 
punished  the  murderer,  and  driven  out  the  bandit  and  rabble, 
and  returned  the  industrious  citizens  to  their  homes  and  claims. 
Do  not,  I  pray  you,  attempt  to  embarrass  me  with  your  political 
disputations.  You  shall  all,  without  distinction  of  party,  be 
alike  protected.  This  is  no  time  to  talk  about  party,  when 
men,  women  and  children  are  hourly  being  murdered  at  their 
own  firefeides,  or  whilst  sleeping  in  their  beds,  or  are  being 
driven  by  merciless  bands  of  marauders  from  their  homes 
without  money,  food,  or  clothing.  In  God's  name  rise  for  a 
moment  above  party,  and  contemplate  yourselves  as  men  and 
patriots.  I  am  your  friend — your  fellow-citizen — moved  by 
no  other  impulse  than  the  welfare  of  the  inhabitants  of  this 
territory,  and  the  protection  of  their  honor,  their  lives  and 
property.  When  peace  is  fairly  restored  and  secured,  I  will 
see  that  every  man  of  you  is  protected  in  his  political  rights." 

He  was  listened  to  with  profound  attention,  and  most  en 
thusiastically  cheered  at  the  close  of  his  remarks,  when  reso 
lutions  were  passed  approving  his  course,  and  promising  a 
hearty  support  to  his  administration.  On  the  same  day  he 
returned  to  Lecompton. 

So  frequent  became  the  marshal's  applications  for  troops, 
and  the  governor  never  receiving  any  official  report  of  the 
result  of  his  requisitions,  he  at  length  addressed  Mr.  Donalsou 
as  follows  :— 

"  Executive  Department,  K.  T., 

"  Lecompton,  Sept.  25,  1856. 
"  I.  13.  DONALSON,  ESQ., 

»'  United  States  Marshal,  K.  T. 

"Sir:  You  have  at  sundry  times  made  application  to  me  for 
requisitions  upon  Col.  Cook,  for  men  to  assist  you  in  the  execution 
of  warrants  upon  persons  charged  with  offences  against  the  peace  of 
this  territory,  viz : 

"  OB  the  17th  inst.,  for  two  hundred  dragoons  to  serve  a  writ  upon 
one  Col.  Whipple  and  others; 


\ 

THE  MARSHAL'S  REQUISITIONS. 

"On  the  same  day,  for  five  dragoons  to  arrest  certaii 
named  in  your  application  ; 

"On  the  20th  inst.,  for  ten  dragoons  to  execute  a  warrant  uponr 
Thomas  Kemp  and  others ; 

"On  the  22d,  for  six  dragoons  to  aid  in  securing  sundry  persons 
charged  upon  the  complaint  of  James  B.  Lofton  ;  and 

"On  the  23d,  for  ten  dragoons  to  arrest  Col.  Whipple  and  many 
others. 

"  As  I  have  received  no  official  information  respecting  the  result 
of  the  above  named  requisitions,  you  will  oblige  me  by  reporting  at 
once,  in  writing,  whether  they  were  complied  with,  and  if  so,  whether 
the  objects  for  which  they  were  made  have  been  accomplished,  and 
all  other  information  relative  to  the  subject  that  you  have  the  means 
to  communicate.  Yours,  &c., 

"  JNO.  W.  GEARY, 
"  Governor  of  Kansas  Territory." 

The  marshal  replied  at  considerable  length,  but  as  the  fol 
lowing  contains  the  entire  substance  of  his  communication,  it 
is  all  that  need  be  cited  : — 

"  The  objects  for  which  the  requisitions  were  made  have 
been  partially  accomplished.  On  the  requisition  for  two  hun 
dred  dragoons,  on  the  17th  instant,  a  large  number  implicated 
in  the  warrant  have  not  yet  been  arrested,  on  account  of  the 
difficulty  in  finding  their  whereabouts.  That  for  the  five  oil 
the  same  day  proved  abortive.  That  of  the  20th  instant,  for 
ten  dragoons,  was  accomplished,  or  nearly  so.  That  of  the 
22d,  for  six  dragoons,  succeeded  in  arresting  two  of  the  of 
fenders,  one  more  of  whom  has  since  been  arrested,  and  one 
still  cannot  be  found.  No  resistance  has  been  made  to  the 
execution  of  any  of  these  writs ;  nor  is  it  probable  that  any 
will  be  made  when  the  marshal  is  accompanied  by  a  military 
posse." 

The  next  day  after  writing  the  report  from  which  the  fore 
going  is  extracted,  the  marshal  asked  for  a  posse  to  execute 
some  half  dozen  or  more  warrants,  to  which  the  governor  re 
plied  as  follows : — 

"  Executive  Department,  K.  T., 

"  Lecompton,  Sept.  27,  1856. 
"I   B.  DONALSON,  ESQ., 

U.  S.  Marshal  for  the  Territory  of  Kansas. 

"  Sir:  I  have  just  received  your  requisition  for  a  posse  of  twenty 
U.  S.  dragoons,  to  aid  you  in  the  execution  of  certain  warrants  in  the 
neighborhood  of  Tecumseh  and  Topeka. 

"  In  reply,  I  have  to  say  that  there  are  now  one  hundred  and  fifty 
U.  S.  mounted  troops  in  the  vicinity  referred  to,  and  my  advices  are 

16* 


186  HISTORY  OF  KANSAS. 

that  peace  and  quiet  reign  there ;   and   I  believe  you  will  have  no 
difficulty  in  the  discharge  of  your  duty. 

"  I  must  therefore  decline  acceding  to  your  request  until  I  am 
clearly  satisfied  that  you  cannot  execute  your  warrants  by  virtue  of 
the  civil  authority  already  vested  in  you. 

"I  am  very  averse  to  the  employment  of  the  military  to  execute 
civil  process,  and  will  only  do  so  in  cases  of  imperative  necessity. 
"  Very  truly,  your  obed't  servt., 

"  JNO.  VV.  GKART, 
"Governor  of  Kansas  Territory." 

This  put  an  end  to  a  practice  that  had  become  truly  dis 
gusting  to  all  peaceful  citizens.  Deputy  marshals  who  in 
some  instances  had  rendered  themselves  obnoxious  by  their 
habits  of  partisan  oppression,  were,  at  the  head  of  United 
States  troops,  constantly  scouring  the  country,  entering  free- 
state  towns,  and  under  the  shadow  of  authority  and  the  cover 
of  protection  from  the  soldiers,  committing  offences  against 
decency  and  the  quiet  of  the  community  more  reprehensible 
than  those  even  alleged  against  the  parties  of  whom,  in  many 
instances,  they  were  in  search ;  and  they  were  becoming  al 
most  as  great  a  terror  to  unoffending  people  as  the  hordes  of 
banditti  which  had  previously  infested  the  highways.  The 
refusal  of  the  governor,  therefore,  to  continue  to  furnish  the 
means  for  these  officials  to  pursue  such  practices  was  followed 
with  the  most  beneficial  results.  The  free-state  people  were 
no  longer  harassed  with  processes  issued  simply  for  their  an 
noyance,  and  were  enabled  to  pursue  their  lawful  avocations 
with  confidence  and  in  peace ;  and  the  order  and  quiet  which 
previous  bold  and  decisive  measures  had  effected  were  thus  in 
a  great  measure  preserved. 

Lieutenant  Lewis  Merrill,  who  on  one  occasion  had  been 
detailed  with  a  company  of  dragoons  to  accompany  a  deputy 
marshal  on  one  of  these  expeditions  to  execute  writs,  in  con 
cluding  a  lengthy  report  of  the  service,  remarks  : — 

"Not  the  slightest  evidence  was  shown  anywhere  that 
there  would  have  been  any  resistance  to  the  civil  officer -under 
any  circumstances ;  and  I  think  that  if  he  had  been  an  effi 
cient,  energetic  man,  who  had  not  by  his  former  conduct  made 
himself  obnoxious  to  these  people,  the  arrests  would  have  been 
made  of  all  the  warrants  called  for,  and  without  any  show  of 
resistance  " 


FREE-STATE  IMMIGRANTS.  187 

CHAPTER  XXIX. 

Arrival  of  free-state  immigrants,  and  their  treatment  and  discharge. 

DURING  the  last  week  of  September  information  was  re 
ceived  at  the  executive  office  from  various  sources  supposed  to 
be  reliable,  that  Colonel  Lane,  with  a -force  of  at  least  a  thousand 
men,  and  several  pieces  of  artillery,  was  about  to  invade  the 
territory  with  hostile  intentions,  by  way  of  Nebraska;  and 
hence  a  detachment  of  United  States  troops,  accompanied  by 
Deputy  Marshal  Preston,  was  sent  to  watch  and  guard  the 
northern  frontier,  with  orders  to  arrest  any  illegally  armed 
body  that  might  be  found  within  the  limits  of  Kansas.  The 
troops  had  scarcely  reached  their  destination  when  Captain 
James  liedpath  entered  the  territory  with  one  hundred  and 
thirty  men,  who  were  armed,  equipped,  and  organized,  as  was 
supposed,  in  violation  of  the  governor's  proclamation.  They 
were  consequently  arrested  and  escorted  to  the  vicinity  of  Le- 
compton,  when  the  governor,  in  an  interview  with  Redpath, 
being  assured  that  the  prisoners  were  a  company  of  peaceable 
immigrants,  they  were  at  once  permitted  to  go  their  way  with 
out  further  molestation. 

Immediately  after  this,  reports,  apparently  well  authenti 
cated,  reached  both  Governor  Geary  and  General  Smith  that 
Reclpath's  party  was  but  an  advance  guard  of  the  forces  of 
Lane,  who  had  contracted  with  the  ferry-men  at  Nebraska 
City  for  the  transit  of  about  seven  hundred  men,  all  well 
armed,  and  having  three  pieces  of  cannon ;  and  Colonels  Cook 
and  Johnson  were  forthwith  dispatched,  with  three  hundred 
dragoons,  to  intercept  their  passage  through  the  territory. 

On  the  1st  of  October  a  deputation  consisting  of  Major 
Morrow,  Col.  Winchel,  "\Vm.  Hutchiuson,  and  Col.  J.  Jenkins, 
called  upon  the  governor,  stating  that  they  had  been  sent  by 
General  Pomeroy  and  Colonels  Eldridge  and  Perry,  who  were 
escorting  three  hundred  emigrants  into  the  territory  by  way  of 
Nebraska ;  that  they  did  not  come  for  warlike  purposes  nor 
as  disturbers  of  the  public  peace,  but  as  bona  fide  settlers,  with 
agricultural  implements,  and  some  guns  to  protect  themselves 
and  shoot  game;  but  that  in  the  present  disturbed  state  of 
affairs  they  did  not  wish  to  enter  the  territory  under  any  cir 
cumstances  of  suspicion  without  first  notifying  the  governor. 


1S8  HISTORY  OF  KANSAS. 

Upon  being;  asked  if  the  party  in  question  were  in  anywise 
connected  with  Lane's  so-called  "army  of  the  north,"  a  decided 
negative  reply  was  given. 

The  governor  then  informed  his  visitors  that  he  was  deter 
mined  that  no  armed  bodies  of  men  with  cannon  and  munitions 
of  war,  and  with  hostile  attitude,  should  enter  the  territory  to 
the  terror  of  peaceful  citizens ;  that  there  was  no  further  oc 
casion  for  such  demonstrations,  and  they  would  not  be  permitted. 
On  the  other  hand,  he  added,  he  would  welcome  with  his 
whole  heart  all  immigrants  who  should  come  for  peaceful  and 
lawful  purposes ;  that  to  all  such  the  highways  should  not  only 
be  opened,  but  he  would  furnish  them  a  safe  escort  and  gua 
rantee  them  his  protection.  He  then  gave  the  deputation  a 
letter  directing  all  military  commanders  to  give  to  Colonel  Kl- 
dridge's  party  a  safe  escort  should  they  be,  as  represented,  a 
party  of  immigrants  coming  into  the  territory  to  prosecute 
peaceful  and  lawful  occupations. 

On  the  12th  of  the  same  month  Deputy  Marshal  Preston 
reached  Lecompton,  bearing  the  following  dispatch  from  Col. 
Cook  :— 

"Head  Quarters,  Camp  near  Nebraska  River, 

"K.  T.,  Oct.  10,  1856. 
"  His  EXCELLENCY,  J.  W.  GEARY, 

"  Governor  of  Kansas  Territory. 

Sir:  Col.  Preston,  Deputy  Marshal,  has  arrested,  with  my  assistance, 
and  disarmed,  a  large  body  of  professed  immigrants,  being  entirely 
provided  with  arms  and  munitions  of  war  ;  amongst  which  two  officer's 
and  sixty-one  privates'  sabres,  and  many  boxes  of  new  saddles. 
Agreeably  to  your  requisition  of  September  1^6,  I  send  an  escort  to 
conduct  them,  men,  arms,  and  munitions  of  war,  to  appear  before 
you  at  the  capital.  Col.  Preston  will  give  you  the  details. 

I  have  the  honor  to  be,  with  high  respect,  your  obed't  servant, 

"  P.  ST.  GEORGE  COOK, 
"Lieut.  Col.  2d  Dragoons,  Comm'g  in  the  Field." 

The  reports  of  Colonels  Preston,  Cooke,  Major  Sibley,  and 
others,  in  respect  to  the  arrest  of  this  party,  are  too  lengthy, 
and  at  this  date,  of  too  little  importance,  to  copy.  The  sub 
stance  of  them,  however,  is  given  in  the  following  extracts  of 
a  letter  from  Governor  Geary  to  Secretary  Marcy,  under  date 
of  October  15th.  He  says  : — 

«  Col.  Wm.  S.  Preston,  a  Deputy  U.  S.  Marshal,  who  had 
accompanied  Col.  P.  St.  G.  Cook  and  his  command  to  the 
northern  frontier  to  look  after  a  large  party  of  professed  immi 
grants,  who  were  reported  to  be  about  invading  the  territory 


ARREST  OF  IMMIGRANTS.  189 

in  that  quarter  in  warlike  array  and  for  hostile  purposes, 
returned  to  Lecompton  on  the  12th  instant. 

"  He  informed  me  that  he  had  caused  to  be  arrested,  an  or 
ganized  band,  consisting  of  about  two  hundred  and  forty  per 
sons,  among  whom  were  a  very  few  women  and  children,  com 
prising  some  seven  families. 

"  This  party  was  regularly  formed  in  military  order,  and 
were  under  the  command  of  General  Pomeroy,  Colonels  El- 
dridge  and  Perry,  and  others.  They  had  with  them  twenty 
wagons,  in  which  was  a  supply  of  new  arms,  mostly  muskets 
and  sabres,  and  a  lot  of  saddles,  &c.,  sufficient  to  equip  a  bat 
talion,  consisting  one-fourth  of  cavalry  and  the  remainder  of 
infantry.  Besides  these  arms,  the  immigrants  were  provided 
with  shot-guns,  rifles,  pistols,  knives,  &c.,  sufficient  for  the 
ordinary  uses  of  persons  travelling  in  Kansas,  or  any  other  of 
the  western  territories.  From  the  reports  of  the  officers,  I 
learn  they  had  with  them  neither  oxen,  household  furniture, 
mechanics'  tools,  agricultural  implements,  nor  any  of  the 
necessary  appurtenances  of  peaceful  settlers. 

u  These  persons  entered  the  territory  on  the  morning  of  the 
10th  instant,  and  met  Col.  Cook's  command  a  few  miles  south 
of  the  territorial  line.  Here  the  deputy-marshal  questioned 
them  as  to  their  intentions,  the  contents  of  their  wagons,  and 
such  other  matters  as  he  considered  necessary  in  the  exercise 
of  his  official  duties.  Not  satisfied  with  their  answers,  and 
being  refused  the  privilege  of  searching  their  effects,  he  felt 
justified  in  considering  them  a  party  organized  and  armed  in 
opposition  to  my  proclamation  of  the  1 1th  September.  After 
consultation  with  Col.  Cook  and  other  officers  of  the  army, 
who  agreed  with  him  in  regard  to  the  character  of  the  immi 
grants,  he  directed  a  search  to  be  made,  which  resulted  in 
the  discovery  of  the  arms  already  mentioned. 

"  An  escort  was  offered  them  to  Lecompton,  in  order  that  I 
might  examine  them  in  person,  and  decide  as  to  their  inten 
tions,  which  they  refused  to  accept.  Their  superfluous  arms 
were  then  taken  in  charge  of  the  troops,  and  the  entire  party 
put  under  arrest — the  families,  and  all  others,  individually, 
being  permitted  to  retire  from  the  organization,  if  so  disposed. 
Few  availed  themselves  of  this  privilege. 

"  But  little  delay,  and  less  annoyance,  was  occasioned  them 
by  these  proceedings.  Every  thing  that  circumstances  re 
quired  or  permitted  was  done  for  the  comfort  and  convenience 
of  the  prisoners.  Their  journey  was  facilitated  rather  than 


190  HISTORY  OF  KANSAS. 

retarded.  They  were  accompanied  by  a  squadron  of  United 
States  dragoons,  in  command  of  Major  H.  H.  Sibley.  A  day's 
rations  were  dealt  out  to  them,  and  they  were  allowed  to  pur 
sue  the  route  themselves  had  chosen. 

11  Being  apprised  of  the  time  at  which  they  would  probably 
arrive  at  Topeka,  I  forwarded  orders  for  their  detention  on  the 
northern  side  of  the  river,  near  that  place,  where,  as  I  prom 
ised,  I  met  them  on  the  morning  of  the  14th  inst. 

"  I  addressed  these  people  in  their  encampment,  in  regard 
to  the  present  condition  of  the  territory,  the  suspicious  posi 
tion  they  occupied,  and  the  reprehensible  attitude  they  had 
assumed.  I  reminded  them  that  there  was  no  possible  neces 
sity  or  excuse  for  the  existence  of  large  armed  organizations 
at  present  in  the  territory.  Everything  was  quiet  and  peace 
ful.  And  the  very  appearance  of  such  an  unauthorized  and 
injudicious  array  as  they  presented,  while  it  could  do  no  good, 
was  calculated,  if  not  intended,  to  spread  anew  distrust  and 
consternation  through  the  territory,  and  rekindle  the  fires  of 
discord  and  strife  that  had  swept  over  the  land,  ravaging  and 
desolating  everything  that  lay  in  their  destructive  path. 

"  Their  apology  for  an  evident  disregard  of  my  proclama 
tion,  was,  that  they  had  made  arrangements  to  emigrate  to 
Kansas  when  the  territory  was  not  only  disturbed  by  antago 
nistic  political  parties,  armed  for  each  other's  destruction,  but 
when  numerous  bands  of  marauders,  whose  business  was  plun 
der  and  assassination,  infested  all  the  highways,  rendering 
travel  extremely  hazardous,  even  though  every  possible  means 
for  self-protection  were  employed. 

"  After  showing  the  necessity  of  so  doing,  I  insisted  upon 
the  immediate  disbandment  of  this  combination,  which  was 
agreed  to  with  great  alacrity.  The  majority  of  the  men  were 
evidently  gratified  to  learn  that  they  had  been  deceived  in 
relation  to  Kansas  affairs,  and  that  peace  and  quiet,  instead 
of  strife  and  contention,  were  reigning  here.  My  remarks 
were  received  with  frequent  demonstrations  of  approbation, 
arid  at  their  close  the  organization  was  broken  up,  its  members 
dispersing  in  various  directions.  After  they  had  been  dis 
missed  from  custody,  and  the  fact  was  announced  to  them  by 
Major  Sibley,  their  thankfulness  for  his  kind  treatment  to 
them  while  under  arrest,  was  acknowledged  by  giving  him 
three  hearty  and  enthusiastic  cheers." 

Soon  after  the  letter,  from  which  the  foregoing  is  extracted, 
was  forwarded  to  Washington,  the  following  statement  from 


TREATMENT  OF  THE  IMMIGRANTS.  %191 

the  leaders  of  the  party  in  question,  was  received  by  Governor 
Geary : — • 

"  Topeka,  Kansas  Territory, 

"October  14,  1856. 
"  His  EXCELLENCY,  JOHN  W.  GEARY, 

"Governor  of  Kansas  Territory. 

"  Dear  Sir :  We,  the  undersigned,  conductors  of  an  emigrant  train, 
who  entered  the  territory  on  the  10th  instant,  beg  leave  to  make  the 
following  statement  of  facts,  which,  if  required,  we  will  attest  upon 
our  oaths. 

"  1st.  Our  party  numbered  from  two  hundred  to  three  hundred 
persons,  in  two  separate  companies ;  the  rear  company,  which  has 
not  yet  arrived,  being  principally  composed  of  families,  with  children, 
who  left  Mount  Pleasant,  Iowa,  three  days  after  this  train  which  has 
arrived  to-day. 

"2d.  We  are  all  actual,  bonn  fide  settlers,  intending,  so  far  as  we 
know,  to  become  permanent  inhabitants. 

"  3d.  The  blockading  of  the  Missouri  River  to  free-state  emigrants, 
and  the  reports  which  reached  us  in  the  early  part  of  September,  to 
the  effect  that  armed  men  were  infesting  and  marauding  the  northern 
portions  of  Kansas,  were  the  sole  reasons  why  we  came  in  a  company 
and  were  armed. 

"  4th.  We  were  stopped  near  the  northern  line  of  the  territory  by 
the  United  States  troops,  acting,  as  we  understood,  under  the  orders 
of  one  Preston,  deputy  United  States  marshal,  and  after  stating  to  the 
officers  who  we  were  and  what  we  had,  they  commenced  searching 
our  wagons  (in  some  instances  breaking  open  trunks,  and  throwing 
bedding  and  wearing  apparel  upon  the  ground  in  the  rain),  taking 
arms  from  the  .wagons,  wresting  some  private  arms  from  the  hands 
of  men,  carrying  away  a  lot  of  sabres  belonging  to  a  gentleman  in  the 
territory,  as  also  one  and  a  half  kegs  of  powder,  percussion  caps,  and 
some  cartridges  ;  in  consequence  of  which  we  were  detained  about 
two-thirds  of  a  day,  taken  prisoners,  and  are  now  presented  to  you. 

"  All  we  have  to  say  is  that  our  mission  to  this  territory  is  entirely 
peaceful.  We  have  no  organization,  save  a  police  organization  for 
our  own  regulation  and  defence  on  the  way.  And  coming  in  that 
spirit  to  this  territory,  we  claim  the  rights  of  American  citizens  to 
bear  arms,  and  to  be  exempt  from  unlawful  search  and  seizure. 

"Trusting  to  your  integrity  and  impartiality,  we  have  confidence 
to  believe  that  our  property  will  be  restored  to  us,  and  that  all  that 
has  been  wrong  will  be  righted. 

"  We  here  subscribe  ourselves,  cordially  and  truly,  your  friends 
and  fellow-citizens. 

;  S.  W   ELDRIDGE,  Conductor 
1  SAMUEL  C.  POMEROY. 
JOHN  A.  PERRY. 
•  ROBERT  MORROW. 
1  EDWARD  DANIELS. 
'  RICHARD  RAELF." 


HISTORY  OF  KANSAS. 


CHAPTER  XXX. 

Peace  and  quiet  prevailing. — Visit  to  Lawrence. — Proclamation  of  the 
Mayor  of  Leavenworth. — Suspension  of  the  liquor  traffic  in  Lecompton. — 
Organization  of  militia. — Escort  for  wagons  furnished. — Another  elec 
tion. 

So  great  was  the  change  wrought  in  the  affairs  of  the  terri 
tory,  that  just  three  weeks  from  the  day  of  his  arrival,  the  go 
vernor  was  justified  in  forwarding  the  following  dispatch  to 
the  secretary  of  state  : — 

"Executive  Department,  K.  T., 

"  Lecompton,  Sept.  30,  1856. 
"  HON.  WM.  L.  MARCY, 

"Washington,  D.  C., 

"Peace  now  reigns  in  Kansas.  Confidence  is  gradually  being 
restored.  Settlers  are  returning  to  their  claims.  Citizens  are  resum 
ing  their  ordinary  pursuits,  and  a  general  gladness  pervades  the 
community. 

"  When  I  arrived  here,  everything  was  at  the  lowest  point  of 
depression.  Opposing  parties  saw  no  hope  of  peace,  save  in  mutual 
extermination,  and  were  employing  effectual  means  to  produce  that 
terrible  result. 

"  I  will  shortly  issue  a  proclamation   announcing  the   fact   that 
tranquillity  prevails,  and  inviting  the  return  of  all  citizens  who  have 
been  ejected  from  the  territory  either  by  force  or  fraud. 
"Your  obed't  servt., 

"Jso.  W.  GKARY, 
"Governor  of  Kansas  Territory." 

On  the  morning  of  October  2d,  the  governor,  accompanied 
by  his  private  secretary  and  a  single  dragoon,  made  a  visit  to 
Lawrence  on  official  business.  The  change  in  the  aspect  of 
the  country  appeared  almost  magical.  Two  weeks  previous 
the  journey  could  not  have  been  safely  made  without  a  strong 
force  of  United  States  troops.  The  improvement  manifest 
along  the  road  was  truly  wonderful.  No  prowling  bands  of 
marauders  were  seen  watching  for  prey  upon  the  distant  hills, 
or  flying  for  safety  into  the  deep  ravines;  nor  travellers,  fear 
ing  all  who  approached  them  to  be  enemies,  dashing  from  the 
main  roads  over  the  extensive  prairies.  On  the  contrary, 
everything  indicated  peace,  confidence  and  returning  prospe 
rity  Females  rode  alone  on  horseback,  from  house  to  house, 


PEACE  RESTORED.  193 

and  wagons,  unattended  by  guards,  and  loaded  with  provisions, 
household  goods,  men,  women  and  children,  traversed  the 
roads  without  the  slightest  danger  or  cause  for  apprehension. 
Workingmen  were  employed  in  rebuilding  their  burned  houses, 
and  taking  in  and  securing  their  ripened  crops.  Upon  reach 
ing  Lawrence,  the  happy  influence  of  restored  peace  was  still 
moie  conspicuous.  No  guards  surrounded  the  town,  nor  were 
there  visible  any  mounted  spies  to  watch  its  avenues  of  ap 
proach.  Squads  of  idlers  no  longer  hung  about  the  streets. 
The  stores  were  opened,  and  business  had  been  actively 
resumed.  Gloom  had  forsaken  the  countenances  of  the  people, 
and  cheerfulness  pervaded  the  community.  The  governor  was 
received  with  the  utmost  cordiality,  and  his  visit,  which  con 
tinued  during  the  day,  was  rendered  especially  agreeable.  A 
company  of  militia,  then  being  enrolled,  was  nearly  full,  and 
a  general  determination  seemed  to  have  been  formed  to  culti 
vate  a  spirit  of  industry,  peace  and  good  order. 

On~his  return  route  to  Lecompton,  the  governor  stopped  at 
the  houses  of  several  of  the  settlers,  and  in  every  instance 
found  the  families  entirely  freed  from  all  apprehensions  of 
further  disturbance,  and  in  the  enjoyment  of  the  fullest  con 
tentment. 

Notwithstanding  the  general  peace,  there  still  existed  in 
various  localities,  many  personal  difficulties,  growing  out  of  the 
past  disturbances.  Letters  from  numerous  citizens  and  depu 
tations  appointed  for  the  purpose,  poured  into  the  executive 
office,  complaining  of  real  and  imagined  grievances,  and  ap 
pealing  for  redress.  With  a  determination  to  bring  about  a 
proper  system  of  civilized  government,  these  complaints  were 
referred  back  by  the  governor  to  the  municipal  authorities  of 
the  neighborhoods  whence  they  emanated,  with  instructions 
that  justice  should  be  done,  as  far  as  possible,  to  all  citizens 
wrongfully  oppressed,  and  that  the  laws  should  be  enforced ; 
at  the  same  time,  he  declined  to  interpose  his  own  authority 
until  the  powers  vested  in  the  heads  of  the  various  munici 
palities  had  been  employed  and  exhausted  without  the  desired 
effect.  This  policy  infused  a  new  life  into  some  of  the  corpo 
rations,  and  aroused  the  prostrated  officials  to  prompt  and 
healthy  action.  They  were  encouraged  by  the  assurance  of 
strong  and  efficient  support  to  enforce  and  maintain  the  laws, 
which  had  been  despised  and  trampled  under  foot,  and  a 
disposition  was  growing  on  every  hand  to  uphold  and  execute 
them  in  all  their  power  and  majesty.  This  now  condition  of 
17  N 


104  HISTORY  OP  KANSAS. 

things  infused  a  refreshing  and  invigorating  influence  through 
all  the  ramifications  of  society,  and  gave  the  promise  of  future 
and  permanent  prosperity  to  the  territory. 

The  Mayor  of  Leaveuworth  City,  to  whom  the  governor  had 
addressed  a  communication  respecting  certain  evils  complained 
of  under  his  jurisdiction,  promptly  issued  a  proclamation,  of 
which  the  following  is  an  extract : — 

"  WHEREAS,  It  is  the  bounden  duty  of  every  citizen,  and 
particularly  of  every  executive  officer,  to  comply  strictly  with 
the  requirements  of  the  late  proclamation  of  Governor  Geary : 

11  Now,  therefore,  I,  William  E.  Murphy,  mayor  of  the  city 
aforesaid,  by  virtue  of  the  power  and  authority  in  me  vested, 
do  make  known  and  proclaim,  that  I  will  rigidly  enforce  the 
law  against  each  and  every  violator  thereof;  and  I  hereby  call 
upon  all  good  and  law-abiding  citizens  of  this  city,  to  frown 
down  any  secret  conspiracy  against  law,  and  to  give  me,  as 
their  chief  executive  officer,  that  aid  necessary  to  maintain 
the  supremacy  of  the  law." 

The  Mayor  of  Lecompton,  also,  having  received  a  commu 
nication  in  regard  to  the  numerous  tippling  houses  existing  in 
the  city,  setting  forth  the  fact  that  the  United  States  troops 
.in  the  vicinity  were  almost  unfitted  for  duty,  in  consequence 
of  the  facilities  with  which  they  obtained  the  means  of  intoxi 
cation,  issued  a  proclamation,  demanding,  for  a  certain  speci 
fied  time,  the  entire  suspension  of  the  sale  of  intoxicating 
drinks.  This  proclamation  being  unheeded,  and  the  evil,  so 
far  as  the  troops  were  concerned,  becoming  more  serious,  the 
governor  sent  a  file  of  soldiers  to  close  all  the  groggeries  that 
were  not  properly  licensed,  and  to  destroy  the  liquor  of  those 
who  persisted  in  selling  contrary  to  law,  and  to  the  detriment 
of  the  public  peace. 

About  this  time  numerous  individuals,  desiring  to  be  prom 
inent,  addressed  the  governor,  requesting  him  to  allow  them  to 
organize  militia  or  volunteer  military  companies,  in  order  to 
protect  the  neighborhoods  in  which  they  resided.  Knowing 
that  the  objects  of  these  requests,  were  in  the  majority  of  in 
stances  to  obtain  legal  authority  to  commit  depredations  on 
opposing  political  parties,  the  governor  invariably  refused  to 
grant  them.  He  organized,  however,  three  companies  of  mili 
tia,  whom  he  caused  to  be  regularly  mustered  into  Uie  service 
of  the  United  States.  Two  of  these  were  station*  d  for  pro 
tective  purposes  at  Lecompton,  and  the  other  at  Lawrence. 
They  remained  in  the  service  until  the  mouth  of  December, 


A  JOURNLi   OF  OBSERVATION.  195 

when,  it  appearing  that  they  were  no  longer  needful,  they 
were  dismissed. 

In  order  that  perfect  confidence  might  be  had  by  store-keep 
ers  and  others  desirous  of  transporting  goods  and  provisions 
into  the  territory,  the  governor  made  requisitions  for  United 
States  troops  to  accompany  wagons  to  and  from  We.stport,  Kan 
sas  City,  and  other  towns  on  the  Missouri  River,  all  of  which 
tended  to  increase  the  feeling  of  security  that  had  sprung  up, 
and  to  advance  the  welfare  and  prosperity  of  the  people. 

By  proclamation  of  the  governor,  an  election  for  members 
of  the  House  of  Representatives  of  the  territory,  and  a  dele-* 
gate  to  Congress,  was  held  on  the  6th  of  October.  The  free- 
state  people  declined  taking  any  part  in  the  election,  and  in 
consequence  but  a  small  vote  was  polled.  Whitfield,  who  was 
chosen  delegate  to  Congress,  came  into  the  territory  from 
Westport,  at  the  head  of  a  party  of  such  notoriously  bad  re 
pute,  that  he  declared  himself  ashamed  to  be  seen  in  theii* 
company.  They  came  up  to  Lecompton,  voted  for  Whitfield, 
and  returned  to  Missouri. 


CHAPTER  XXXI. 

NOTES   OF   A   JOURNEY   OF   OBSERVATION. 

OCTOBER  YJth. — Governor  Geary  left  Lecompton  early  this 
morning  on  a  tour  of  observation  through  the  southern  and 
western  portions  of  the  territory,  escorted  by  a  squadron  of 
United  States  dragoons  under  command  of  Brevet- Major  H. 
II.  Sibley.  After  visiting  a  number  of  families  on  the  way, 
and  transacting  considerable  official  business,  he  reached  Law 
rence  in  the  afternoon,  where  he  encamped  for  the  night.  He 
inspected  Captain  Walker's  newly  raised  company  of  territorial 
troops,  and  was  agreeably  entertained  by  the  citizens,  who  were 
in  good  spirits,  and  generally  well  contented  at  the  better  pros 
pect  that  had  been  opened  by  the  suppression  of  the  late  dis 
turbances. 

18/A. — The  escort  proceeded  through  the  Wakarusa  Valley, 
to  Hickory  Point,  via  Blan ton's  Bridge,  a  place  made  celebra 
ted  by  its  fortifications  and  rifle-pits,  constructed  during  the 
war  by  the  free- state  men.  The  governor,  with  his  secretary 


196  HISTORY  OF  KANSAS. 

and  an  orderly,  went  round  by  Franklin,  where  he  had  dis 
banded,  but  a  few  weeks  before,  the  army  of  General  Keid,  and 
where  he  had  been  informed  a  bad  state  of  feeling  still  existed. 
Here  the  people  were  assembled  and  addressed  with  happy 
effect  by  the  governor,  who  was  cheered  at  the  close  of  his  re 
marks.  Some  of  the  houses  in  the  town  were  riddled  with 
balls,  especially  that  of  the  postmaster,  Crane.  Leaving 
Franklin,  the  governor  called  upon  the  settlers  on  the  way, 
instructing  and  encouraging  them  to  keep  the  peace ;  visited 
all  the  points  of  peculiar  interest  j  and  joined  the  troops  at 
Hickory  Point  early  in  the  evening.  Here  he  encamped  for 
the  night,  and  was  visited  by  a  large  number  of  intelligent 
and  respectable  citizens,  who  expressed  themselves  highly  grati 
fied  with  the  policy  he  had  pursued,  arid  their  determination 
to  support  and  assist  him  in  his  just  and  impartial  administra 
tion. 

19^. — Whilst  in  camp  at  this  place,  information  was  re 
ceived  that  recent  depredations  had  been  committed  in  this 
vicinity,  and,  upon  complaint  being  duly  made,  the  governor 
dispatched  a  deputy  marshal  with  a  posse  of  dragoons,  who 
arrested  the  offenders  and  sent  them  as  prisoners  to  Lecompton. 

On  the  march  towards  Prairie  City,  where  they  halted  for 
some  time,  the  governor's  horse  planted  his  foot  upon  and 
crushed  the  head  of  a  large  rattlesnake  that  lay  coiled  in  the 
road.  May  not  this  have  been  a  happy  omen  ?  Passing  Prairie 
City,  reached  the  house  of  John  J.  Jones,  extensively  known 
in  Kansas  by  the  name  of  "Ottawa  Jones."  He  resides  on 
Ottawa  Creek,  and  is  a  half-breed  Ottawa  Indian,  educated  and 
civilized,  and  the  interpreter  of  his  tribe.  His  wife  is  an  in 
telligent  white  woman  from  the  state  of  Maine,  who  came  to 
the  territory  some  years  since,  as  a  missionary,  and  to  whom  he 
was  married  in  1845.  They  have  no  children.  'Jones  for 
merly  kept  a  hotel  of  considerable  dimensions  and  excellent 
accommodations,  which  was  burned  on  the  night  of  the  27th 
of  August  last,  by  a  Captain  Hays,  with  a  company  of  about 
forty  men,  because  of  his  alleged  free-state  proclivities.  Jones 
escaped  unharmed,  though  he  was  pursued  and  fired  at  a  num 
ber  of  times  by  Hays'  party.  Six  hundred  dollars  in  cash  was 
taken  from  his  wife  whilst  making  her  escape.  Jones  estimates 
his  loss  at  $1 0,000,  but  the  chiefs  value  it  at  $6000.  He  has 
three  hundred  acres  of  land  under  good  fence,  raises  four  thou 
sand  bushels  of  grain  a  year,  h:is  one  hundred  head  of  cattle, 
aud  fourteen  horses.  He  was  educated  at  Hamilton  College, 


THE  TOWN  OF  PAOLT.  197 

New  York,  and  now  preaches  every  Sunday,  at  the  Baptist 
Mission.  The  farm  of  Jones  is  a  part  of  the  Ottawa  iv.serve, 
which  is  ten  by  twelve  miles .  square.  The  tribe  c 
3*25  souls.  Ottawa  Creek,  which  empties  into  the  Osage  River, 
runs  through  this  reserve,  in  which,  notwithstanding  the  late 
ness  of  the  season,  the  governor  and  others  of  his  party  took 
a  comfortable  and  refreshing  bath. 

Four  miles  from  the  house  of  Ottawa  Jones,  stands  the 
Baptist  Mission,  consisting  of  a  church  and  several  small 
houses.  The  mission,  in  which  sixty  Indian  children  are  being 
educated,  is  under  the  care  of  John  Early,  a  full-blooded  In 
dian,  who  was  educated  at  the  Methodist  Mission,  and  talks 
good  English. 

Having  passed  this  mission,  crossed  the  Marais  des  Cygnes, 
sometimes  called  Osage  River,  and  proceeding  seven  miles 
further,  encamped  in  the  valley  of  North  Middle  Creek. 

20th. — Struck  tents,  and  marched  through  a  beautiful  coun 
try  to  Osawattomie,  situated  about  one  mile  above  the  conflu 
ence  of  the  Marais  des  Cygnes  and  Potawattomie  rivers,  upon 
an  extensive  plain  of  unsurpassed  fertility.  It  formerly  con 
tained  about  two  hundred  inhabitants,  many  of  whom  were 
driven  away  at  the  time  of  the  difficulties  described  in  another 
place.  Near  this  town  the  governor  found  one  family,  con 
sisting  of  a  man,  his  wife,  and  five  children,  all  sick  in  bed, 
whilst  their  oldest  son,  who  was  their  only  support,  had  been 
forced  to  fly  from  the  territory  in  consequence  of  threats  against 
his  life  made  by  certain  pro-slavery  agitators. 

The  people  of  Osawattomie  were  laboring  under  the  appre 
hension  of  some  undefined  danger,  and  they  welcomed  the  go 
vernor's  arrival  as  the  guarantee  of  security.  He  called  the 
citizens  together,  irrespective  of  party ;  heard  their  individual 
complaints  ;  gave  them  salutary  advice ;  urged  them,  as  far  as 
possible,  to  bury  the  past,  and  cultivate  kind  relations  for  the 
future  ;  to  all  of  which  they  promised  a  cheerful  compliance. 

Leaving  Osawattomie,  crossed  the  Marais  des  Cygnes. 
This  river  empties  into  the  Missouri  about  ten  miles  below 
Jefferson  City,  after  receiving  in  its  course  the  Potawattomie, 
Bull's  Creek,  Sugar  Creek,  and  other  respectable  streams. 
After  a  brisk  ride  of  about  nine  miles,  over  a  rich  and  beau 
tiful  country,  occasionally  enlivened  by  the  flight  of  im 
mense  numbers  of  prairie  fowl,  Bull's  Creek  was  crossed,  and 
an  encampment  formed  at  the  town  of  Paoli,  the  government 
seat  of  Pounlas  County.  The  town  consists  of  thirteen  houses 
17*' 


198  HISTORY  OF  KANSAS. 

and  a  good  hotel,  recently  built,  and  is  located  upon  land  be 
longing  to  an  intelligent  Indian  of  the  Peoria  tribe,  named 
Baptiste.  He  resides  at  this  place,  and  is  interpreter  for  the 
Peorias,  Kaskaskias,  Peankeshaws  and  Weaws,  recently  united 
under  treaty  by  name  of  the  Weaws.  These  tribes  number 
about  three  hundred  souls,  fifty  of  whom  reside  at  Paoli.  The 
land  is  apportioned  among  them  by  treaty,  according  to  the 
number  of  each  family,  Baptiste  having  received  two  entire 
sections  for  special  services.  The  Baptist  Mission  school,  un 
der  the  charge  of  Dr.  Lykens,  assisted  by  three  white  teachers, 
is  about  a  mile  and  a  half  from  Paoli.  The  school  is  for  the 
education  of  Indian  children,  about  thirty  of  whom  are  in  daily 
attendance.  General  Maxwell  McCaslin,  formerly  of  Penn 
sylvania,  is  the  agent  for  these  tribes,  and  is  very  generally 
respected.  Their  lands  possess  great  beauty,  and  are  very 
fertile,  and  sufficiently  well  timbered. 

Henry  Sherman,  or  Dutch  Henry,  as  he  was  called,  lived  in 
this  vicinity  on  the  Potawattomie.  He  was  a  pro-slavery  man, 
and  disposed  to  be  quarrelsome.  A  short  time  previous  to  the 
governor's  visit,  Henry  was  staying  at  the  house  of  a  Mrs. 
Tottcn,  with  the  body  of  his  brother  who  had  just  died,  when 
he  was  called  upon  by  three  men,  with  blackened  faces,  and 
ordered  to  quit  the  country  instantly.  Upon  soliciting  time 
to  bury  his  brother,  he  was  given  until  the  following  night. 
They  took  away  his  horse  and  ordered  him  not  to  remove  any 
of  his  cattle.  Henry  was  waylaid  and  killed  in  March,  1857, 
by  a  party  of  men,  simply  for  his  money,  of  which  he  had 
collected  a  considerable  amount. 

21  st. — Previous  to  leaving  Paoli,  the  governor  delivered  a 
speech  at  a  public  meeting,  embracing  a  large  number  of 
citizens  and  neighbors,  so  effectually  as  to  elicit  repeated 
evidences  of  approbation,  and  upon  concluding  was  greeted 
with  enthusiastic  cheers,  and  general  and  hearty  pledges  of 
co-operation  and  support.  He  then  commissioned  a  justice  of 
the  peace  and  several  other  officers,  thus  affording  the  citizens 
the  immediate  means  of  settling  their  own  disputes  and  diffi 
culties. 

Leaving  Paoli,  returned  via  Osawattomie,  and  crossing  the 
Potawattomie,  proceeded  up  the  valley  of  that  creek  about 
ol'jht  miles,  to  the  scene  of  many  past  disturbances  and  of  the 
Potawattomie  murders.  The  route  along  the  Potawattomie 
was  through  a  fertile  region  well  timbered.  The  woods 
abounded  with  wild  turkeys,  the  creek  with  geese  and  ducks, 


ROBBERY  ON  SUGAR  CREEK.  199 

and  the  prairies  with  grouse.     The  scenery  was  remarkably 
beautiful  and  picturesque. 

22c?. — Travelled  all  day  through  a  drenching  rain.  Crossed 
South  Middle  Creek,  and  Big  Sugar  Creek,  and  encamped  at 
night  on  the  south  side  of  the  last-named  stream,  near  the 
house  of  Mr.  Means. 

23c?. — Early  this  morning  the  neighbors  having  assembled, 
they  listened  with  evident  satisfaction  to  a  spirited  address 
from  Governor  Geary.  Travelled  over  a  delightful  country, 
ten  miles  to  Sugar  Mound.  Deputations  of  citizens  joined 
the  party  at  various  points  on  the  road,  and  accompanied  it  to 
the  place  named.  Here,  in  anticipation  of  the  governor's 
coming,  a  large  number  of  persons  had  already  assembled.  After 
addressing  these,  and  receiving  universal  assurances  of  their 
approbation  and  concurrence,  he  proceeded  on  his  journey, 
and  encamped  late  in  the  evening  on  Little  Sugar  Creek,  three 
miles  south  of  Sugar  Mound.  Here,  as  elsewhere,  the  whole 
neighborhood  thronged  to  see,  hear,  and  converse  with  the 
governor — to  state  their  grievances  and  their  wishes,  and  re 
ceive  instruction  and  encouragement.  These  interchanges  of 
views  and  feelings  between  the  executive  and  the  people  were 
evidently  working  a  most  beneficial  effect.  The  settlers  seemed 
universally  satisfied  that  impartial  justice  would  be  done 
them,  so  far  as  the  governor  possessed  any  power. 

This  region  of  country,  which  is  pretty  generally  settled  by 
free-state  men,  is  equal  in  value  to  any  in  the  territory.  About 
Sugar  Mound  the  land  is  high  and  open,  and  unsurpassed  in 
regard  to  its  fertility.  Little  Sugar  Creek  winds  round  the 
Mound  in  a  sort  of  semicircle.  There  is  an  abundance  of  fine 
timber,  consisting  principally  of  oak,  hickory,  walnut,  sugar- 
maple,  &c.,  and  the  sides  of  the  hills  reveal  large  quarries  of 
most  excellent  building  stone.  Beyond  this,  a  rich  undulating 
prairie  stretches  out  as  far  as  the  eye  can  reach.  The  settlers 
in  this  section  are  prosperous  and  contented.  They  value 
their  claims,  (one  hundred  and  sixty  acres,)  upon  which  the 
improvements  are  of  little  account,  from  eight  to  twelve  hundred 
dollars.  Maple  sugar  is  manufactured  to  a  considerable  extent, 
and  sells  readily  at  twenty  cents  per  pound.  Mr.  Temple 
Wayne,  during  the  past  year,  produced  six  hundred  pounds, 
which  he  sold  at  that  price.  The  soil  is  capable  of  yielding 
as  much  and  as  good  hemp,  corn,  rye,  wheat,  or  any  of  the 
agricultural  products,  as  any  in  the  United  States. 

24ith. — The   tents  were  struck  at  an  early  hour  and  the 


200  HISTORY  OF  KANSAS. 

company  about  to  move,  •when,  two  messengers  hastily  arrived, 
announcing  that  a  robbery  and  murder  had  been  committed 
the  night  previous  in  the  rear  on  Sugar  Creek,  and  that  the 
perpetrators,  numbering  seven  or  eight  men,  were  still  in  the 
neighborhood  threatening  other  outrages.  A  countermarch 
was  instantly  ordered,  and  at  a  brisk  trot,  the  ten  intervening 
miles  were  soon  traversed.  The  scene  of  the  outrage,  which 
was  less  serious  than  had  been  represented,  was  the  house  of 
Judge  Briscoe  Davis,  who  was  absent  in  Missouri.  His  sister, 
a  Mrs.  Cornet,  and  five  daughters,  four  of  them  grown,  were 
left  in  possession.  Captain  John  E.  Brown,  Mrs.  Brown,  and 
her  daughter,  were  on  a  visit  to  Mrs.  Cornet.  The  robbers 
entered  the  house,  and  seizing  Captain  Brown  and  two  of  the 
young  ladies,  confined  them  in  oue  room,  under  charge  of  a 
couple  of  sentinels.  The  remainder  of  the  family  were  im 
prisoned  together  in  another  apartment.  The  house  was  then 
searched,  arid  robbed  of  every  article  of  value,  consist! n-j; 
chiefly  of  one  hundred  and  five  dollars  in  gold,  a  watch 
jewelry,  revolver,  <fcc.  In  the  morning,  the  ruffians  compelled 
the  ladies  to  prepare  them  a  breakfast,  and  then  rode  away, 
taking  with  them  a  valuable  horse.  Captain  Brown  made  his 
escape  during  the  night,  and  was  the  means  of  conveying 
information  to  the  governor,  who  dispatched  scouts  in  every 
direction  in  pursuit  of  the  robbers,  issuing,  at  the  same  time, 
a  proclamation,  offering  a  reward  of  two  hundred  dollars  for 
their  apprehension.  Several  of  them  were  subsequently  cap 
tured. 

Sunday j  25th. — A  very  rainy  and  disagreeable  day.  Pro 
ceeded  up  the  Potawattomie  valley,  recrossed  the  Marais  des 
Cygnes,  passed  the  Baptist  Mission,  traversed  the  California 
road,  and  reached  Eight  Mile  Creek  at  Centropolis,  where 
finding  plenty  of  wood  and  water,  an  encampment  was  made. 
The  day  was  occupied  by  the  governor  in  conversing  at  various 
points  with  the  citizens.  The  community  was  quiet,  no  dis 
turbance  having  occurred  for  more  than  four  weeks. 

2Qth. — Travelled  rapidly  twenty-seven  miles  over  a  monoto 
nous  rolling  prairie,  upon  which  there  was  not  a  tree  or  shrub 
to  break  the  extensive  prospect.  The  march,  however,  was 
enlightened,  as  on  other  occasions,  by  a  spirited  hunt.  A 
prairie  wolf  was  started  up,  when  a  cry  was  raised,  the  hounds 
were  quickly  in  pursuit,  and  a  half-dozen  horsemen  followed. 
Away  they  went,  now  in  the  hollow,  now  dashing  across  the 
hills.  The  wolf  was  a  fine  fellow,  and  made  good  time,  but 


FORT  RILEY.  201 

the  dogs  were  too  much  for  him,  and  soon  had  him  down,  and 
the  horsemen  were  just  in  time  to  be  in  at  the  death.  These 
wolves  are  very  numerous  in  Kansas.  They  are  not  ferocious, 
and  are  never  known  to  attack  anything  but  the  poultry. 
Even  the  sheep  appear  to  be  unmolested  by  them.  They 
prowl  about  the  houses  of  the  settlers  at  night,  not  hesitating 
to  come  to  the  very  doors  in  search  of  food.  After  sunset, 
their  barking,  which  resembles  that  of  a  small  dog,  may  con 
stantly  be  heard.  Reaching  One  Hundred  and  Ten,  a  cele 
brated  stopping  place  on  the  California  road,  for  emigrants  to 
the  far  west,  a  number  of  citizens  called  upon  and  had  a  plea 
sant  interview  with  the  governor.  Then  proceeded  in  a  north 
westerly  direction  on  the  Fort  Riley  road,  and  going  twelve 
miles  further,  encamped  on  the  head  waters  of  the  Wakarusa. 

"llth. — Travelled  briskly  all  day,  and  encamped  at  night  on 
the  head  waters  of  the  Neosha.  The  road  is  over  an  unin 
habited  and  rather  an  inferior  prairie  country,  along  a  divide 
between  the  Neosha  and  Wakarusa,  the  banks  of  both  streams 
being  skirted  with  good  timber.  Had  several  wolf- chases  on 
the  route.  Flocks  of  brant  were  seen,  and  myriads  of  wild 
geese  on  the  wing  to  more  southern  latitudes. 

"2Sth. — Proceeded  briskly  along  the  same  divide,  the  country 
being  barren  and  desolate,  and  covered  with  immense  quarries 
of  white  limestone.  The  only  settlements  are  a  few  families 
at  the  crossing  of  Clark's  Creek.  Crossed  the  Kansas  River 
at  Riley  City  to  Pawnee  City.  This  was  accomplished  with 
much  difficulty  and  even  danger  in  consequence  of  a  freshet 
from  Smoky  Hill  Fork.  Pawnee  City,  which  was  Reeder's 
abortive  seat  of  government,  contains  two  houses,  whilst  Riley 
City  can  boast  of  eight.  Upon  the  governor's  arrival  in  the 
evening  at  Fort  Riley,  a  salute  of  fifteen  guns  was  fired,  the 
band  discoursed  most  eloquent  music,  and  other  honors  of  the 
most  marked  and  gratifying  character  were  rendered. 

29tft,  30/7i,  31s*. — Remained  at  Fort  Riley  to  recruit  the 
horses,  equip  the  troops,  and  prepare  them  for  a  winter  cam 
paign.  The  governor,  during  this  time,  visited  all  the  places 
of  interest  in  and  about  the  fort,  saw  nearly  all  the  families  in 
the  neighborhood,  and  received  conclusive  assurances  of  uni 
versal  satisfaction  with  his  administration.  On  the  29th,  he 
reviewed  the  troops  at  the  fort,  and  in  the  evening  attended  a 
bull,  at  which  all  the  officers,  their  ladies,  and  the  prominent 
people  of  the  neighborhood,  were  present.  This  was  a  brilliant 
affair,  and  although  gotten  up  in  a  region  almost  beyond  the 


202  HISTORY  OF  KANSAS. 

bounds  of  civilization,  would  have  done  credit,  for  the  education, 
intelligence,  refinement,  and  it  may  be  added,  delicacy  and 
beauty  of  its  female  participants,  to  any  community  in  the 
world.  Numerous  other  entertainments  were  given,  and  the 
stay  at  the  fort  was  made  as  comfortable  and  happy  as  could 
have  been  desired. 

Fort  Riley  was  constructed  but  lately,  (in  1858),  at  an  ex 
pense  of  over  five  hundred  thousand  dollars  to  the  govern 
ment.  It  is  not  located  in  so  beautiful  a  country  as  Fort  Lea- 
venworth,  but  its  buildings  are  even  more  spacious,  imposing, 
and  comfortable.  It  is  in  latitude  39°  03'  38"  N.,  longitude 
90°  24'  56"  W.,  at  an  elevation  of  nine  hundred  and  twenty- 
six  feet  above  the  Gulf  of  Mexico,  and  at  the  mouth  of  the 
Republican  Fork  on  the  Kansas  River,  one  hundred  and  ten 
miles  from  its  junction  with  the  Missouri. 

November  1st. — Left  Fort  Riley  en  route  for  Lecompton. 
Crossed  the  river  with  great  difficulty  at  Pawnee,  and  en 
camped  at  Riley  City,  where  the  governor  was  visited,  as  usual, 
by  numerous  citizens. 

Sunday,  2d. — Weather  cold  and  rainy.  Passing  down  the 
Kansas,  crossed  Clark's  Creek,  about  four  miles  from  Riley, 
then  over  some  high  barren  hills,  into  a  valley  of  surprising 
richness  and  fertility,  in  which  there  are  large  quantities  of 
fine  timber.  This  valley  is  admirably  adapted  for  the  con 
struction  of  a  railroad,  as  no  grading  would  be  required  for  many 
miles ;  while  stone,  as  well  as  timber,  exists  in  great  abun 
dance.  Wild  turkeys  were  plenty,  and  in  consequence,  per 
haps,  of  the  rain  and  cold,  were  so  dull  and  stupid  as  to  be 
shot  with  pistols.  Encamped  on  the  south  side  of  the  Kan 
sas,  opposite  Manhattan.  A  congregation  had  assembled  at 
that  place  to  hear  preaching  by  the  Rev.  Charles  E.  Blood, 
who  learning  of  the  approach  of  the  governor,  adjourned  the 
meeting,  and  with  other  gentlemen,  crossed  the  river  in  a 
small  boat  to  invite  him  over  to  Manhattan  to  address  the 
citizens  in  his  stead.  The  reverend  gentleman  said  that  the 
obligations  of  religion  could  not  be  properly  discharged  unless 
peace  and  order  were  preserved,  and  he  assured  his  excellency 
that  a  few  words  of  advice  and  encouragement  from  him  at 
that  particular  period  would  be  of  more  service  than  any  ser 
mon  he  could  utter.  The  governor  complied  with  this  re 
quest,  and  spoke  for  a  long  while  to  the  people  with  much 
feeling  and  power;  and  the  meeting,  doubtless,  resulted  in 
doing  great  good.  Manhattan  is  situated  at  the  junction  of 


RETURN  TO  LECOMPTOX.  203 

the  Big  Blue  with  the  Kansas  river.  The  military  road  from 
Fort  Leavenworth  to  Fort  Riley  and  Laramie  passes  through 
this  place.  The  Big  Blue  is  a  clear  stream,  differing  in 
that  respect  very  materially  from  the  Kansas,  and  is  one 
hundred  and  fifty  yards  wide  and  fifteen  deep.  Buffalo-fish 
and  cat-fish,  with  other  varieties,  are  found  here.  Beer,  prairie- 
chickens,  wild  turkeys,  &c.,  abound  in  the  surrounding  coun 
try.  The  town  is  located  in  a  valley  of  great  fertility,  and 
contains  about  one  hundred  and  fifty  inhabitants,  who  are  gene 
rally  moral,  intelligent,  and  industrious,  and  who  took  no  part 
whatever  in  the  recent  disturbances.  The  town  contains  a 
steam  saw  and  grist  mill,  three  stores,  and  a  hotel. 

4th. — A  snow  storm,  the  first  of  the  season,  which  occurred 
on  the  3d,  kept  the  party  in  camp  all  that  day,  where  they 
were  visited  by  many  of  the  settlers.  The  weather  to-day  was 
cold  and  windy.  Travelled  down  the  Kansas  valley,  the  gover 
nor  visiting  the  citizens  on  the  route.  The  people  were  quietly 
pursuing  their  ordinary  vocations,  and  everything  indicated 
peace  and  increasing  prosperity.  Encamped  for  the  night  at 
an  old  Indian  camping  ground  on  Mulberry  Creek,  where 
was  an  abundance  of  wood,  water,  and  grass. 

5th. — Entered  the  Potawattouiie  reserve,  and  tavelling  ra 
pidly,  crossed  Mill  Creek,  a  beautiful  clear  stream,  abounding 
in  fish,  and  afterwards  Mission  Creek,  and  encamped  for  the 
night  at  the  Baptist  Mission.  The  Potawattomie  reserve  em 
braces  a  fertile  district,  on  both  sides  of  the  Kansas  River, 
thirty  miles  square.  The  tribe  numbers  about  three  thousand 
six  hundred  persons.  They  have  a  thriving  town  called 
Uniontown,  and  two  missions;  the  St.  Mary's,  the  Catholic, 
being  on  the  north,  and  the  Baptist  on  the  south  side  of  the 
river.  This  last  is  under  the  superintendence  of  Mr.  Fox. 
About  thirty  Indian  children  are  in  daily  attendance  at  the 
school,  some  of  whom  exhibit  considerable  aptness  in  learning. 

Qth. — The  governor  issued  the  following  proclamation  : — 

"  Having  reached  this  point,  after  an  extended  tour  of  observa 
tion  through  this  territory,  and  being  now  fully  satisfied  that 
the  benign  influences  of  peace  reigns  throughout  all  its  borders, 
in  consonance  with  general  custom  and  my  own  feelings,  I 
hereby  specially  set  apart  the  20th  day  of  November,  instant, 
to  be  observed  by  all  the  good  citizens  of  the  territory  as  a  day 
of  general  thanksgiving  and  praise  to  Almighty  God  for  the 
blessings  vouchsafed  to  us  as  a  people." 

Proceeded  to  Topeka,  where  tne  people  were  quiet  and  the 


204  HISTORY  OF  KANSAS. 

town  prospering.  Eighty  new  buildings  were  being  erected 
Business  was  in  a  healthy  condition,  and  all  the  citizens  were 
attending  to  their  proper  avocations.  Passing  through  Te- 
cumseh,  Big  Springs,  Washington,  and  other  smaller  places, 
and  calling  at  the  encampment  of  United  States  troops  sta 
tioned  near  that  place,  the  governor  reached  his  own  residence 
at  Lecompton  late  in  the  evening,  having  been  absent  just 
twenty  days,  during  which  time  he  visited  hundreds  of  fami 
lies,  addressed  many  assemblies  of  citizens,  conducted  con 
siderable  official  business,  and  laid  the  foundations  of  peace, 
contentment,  good  will  and  prosperity  in  the  whole  line  of  his 
travel.  On  the  day  after  his  return  he  addressed  the  follow 
ing  letter  to  the  secretary  of  state  : — 

"Executive  Department,  K.  T., 

"  Lecoiuptou,  Nov.  7,  1856. 
"  HON.  WM.  L.  MARCY, 

"  Secretary  of  State. 

"  Sir:  I  have  just  returned  to  this  place  after  an  extended  tour  of 
observation  through  a  large  portion  of  this  territory. 

"I  left  Lecompton  on  the  17th  ult.,  via  Lawrence,  Franklin, 
Wakarusa  Creek,  Hickory  Point,  Ottawa  Creek,  Osawattomie,  Marais 
des  Cygnes,  Bull  Creek,  Paoli,  Potawattornie,  North  and  South  Middle 
Creeks,  Big  and  Little  Sugar  Creeks,  and  Sugar  Mound,  passing 
westward  along  the  California  and  Santa  Fe  road  to  Fort  lliley ; 
thence  down  the  Kansas  River  via  Pawnee,  lliley  City,  Manhattan, 
Waubonsee,  Baptist  Mission,  Topeka,  Tecumseh,  and  other  places. 
I  also  visited  at  their  houses  as  many  citizens  as  I  conveniently  could, 
and  addressed  various  bodies  of  people,  as  I  have  reason  to  believe, 
with  beneficial  results. 

"During  this  tour  I  have  obtained  much  valuable  information 
relative  to  affairs  in  Kansas,  and  made  myself  familiar  with  the  wants 
and  grievances  of  the  people,  which  will  enable  me  to  make  such 
representations  to  the  next  legislature  and  the  government  at  Wash 
ington,  as  will  be  most  conducive  to  the  public  interests. 

"  The  general  peace  of  the  territory  remains  unimpaired;  confidence 
is  being  gradually  and  surely  restored ;  business  is  resuming  its 
ordinary  channels;  citizens  are  preparing  for  winter;  and  there 
is  a  readiness  among  the  good  people  of  all  parties  to  sustain  my 
administration. 

"Very  respectfully,  your  obed't  servt., 

"Jis'o.  W.  GEARY, 
"Governor  of  Kansas  Territory." 


THE  CAPITOL  BUILDING.  205 


CHAPTER  XXXII. 

tho  capitol  building. — Captain  Donaldson  dismisses  Justice  Nelson's 
court. — Captain  Walker  surrenders  himself. — Dragoons  required  for 
detached  service. — Bad  postal  arrangements. — Free-state  prisoners  re 
moved  to  Tecuniseh. — The  governor  at  Leavenworth. — Report  of  a  de 
putation  sent  to  arrest  marauders. 

NOVEMBER  7xn,  1856. — A  note  having  been  received  from 
Mr.  Owen  C.  Stewart  in  regard  to  the  capitol  buildings,  the 
governor  addressed  him  in  reply,  as  follows : — 

"  As  your  services  as  superintendent  of  the  capitol  buildings 
are  no  longer  required,  you  are  hereby  notified  that  your  ap 
pointment  is  revoked  from  this  date." 

Congress  had  appropriated  fifty  thousand  dollars  to  erect 
suitable  public  buildings  for  the  territory,  and  Dr.  A.  Rodrique, 
postmaster  at  Lecompton,  was  the  principal  contractor  for  their 
election.  He  was  connected  in  the  enterprise,  some  way  or 
another,  with  Sheriff  Jones.  Governor  Shannon,  and  other 
official*.  The  money  appropriated  would  have  been  sufficient 
for  the  object  if  properly  expended.  As  it  is,  the  walls  of  the 
building  have  only  advanced  a  few  feet  above  the  foundation, 
and  the  whole  amount  of  the  appropriation  has  been  exhausted. 
Mr.  Stewart  was  appointed  by  Governor  Shannon  superinten 
dent,  at  a  salary  of  one  thousand  two  hundred  dollars  a  year, 
which,  although  the  work  had  long  been  suspended,  was  still 
running  on.  The  same  gentleman  was  a  sub-contractor  under 
llodrique,  and  was  therefore  required  to  superintend  his  owu 
work,  which  was  a  very  convenient  sort  of  an  arrangement. 
William  Rumbold  was  the  architect,  who  had  contracted  to 
receive  for  his  "  compensation  four  per  cent,  on  the  cost 
of  the  building;"  and  of  course  it  would  not  be  to  his  in 
terest  to  oppose  any  amount  of  expenditure  upon  its  con 
struction.  If  it  is  completed  upon  the  same  liberal  scale  as  it 
has  been  commenced,  so  far  as  the  outlay  of  money  is  con 
cerned,  it  may  be  ready  for  roofing  in  by  the  use  of  another 
appropriation  of  two  or  three  hundred  thousand  dollars. 

On  this  day,  R.  R.  Nelson,  a  justice  of  the  peace  at  Le 
compton,  filed  an  affidavit  with  the  governor,  charging  Captain 
John  Donaldson,  of  the  territorial  militia,  with  having  entered 
his  court  with  six  armed  men,  and  rescued  a  soldier  named 
18 


203  HISTORY  OF  KANSAS. 

Fisher,  belonging  to  his  company,  who  was  then  receiving  a 
hearing  on  the  charge  of  larceny,  taking  the  prisoner  away 
and  dismissing  the  court  in  a  manner  that  would  have 
done  credit  to  Oliver  Cromwell.  A  requisition  was  imme 
diately  made  upon  Colonel  Cook  to  put  Donaldson  under  arrest, 
which  was  accordingly  done.  Upon  making  suitable  apologies, 
and  thus  appeasing  the  squire's  wounded  pride,  the  captain 
was,  in  a  few  days  restored  to  liberty  and  his  command. 

Deputy  Marshal  Tebbs  and  probate  judge  John  P.  Wood 
called  upon  the  governor  for  a  requisition  to  serve  a  warrant 
upon  Captain  Samuel  Walker,  then  commanding  a  company 
of  militia  at  Lawrence.  The  governor  assured  them  there  need 
be  no  difficulty  touching  that  matter;  that  he  would  answer 
for  the  appearance  of  Captain  Walker  upon  his  own  summons, 
and  simply  addressed  him  a  note  requesting  him  to  come  for 
ward  manfully  and  meet  the  charges  against  him.  Walker 
accordingly  came  to  Lecompton,  voluntarily  surrendered  him 
self,  entered  bail  to  appear  at  court,  and  returned  to  Lawrence. 
He  was  quite  a  lion  during  his  stay  at  the  capital. 

$th. — Requisition  was  made  upon  Col.  Cook  for  two  com 
panies  of  United  States  dragoons  to  proceed  to  Paoli,  at  the 
request  of  Mr.  Maxwell  McCaslin,  Indian  agent,  to  protect 
him  while  in  charge  of  the  public  funds  to  pay  off  the  Indians 
under  his  care,  and  also  to  scour  the  southeastern  portion  of 
the  territory,  where  it  was  reported  a  band  of  thieves  were 
prowling  and  committing  depredations.  With  these  troops  a 
commissioner  and  deputy  marshal  were  sent,  with  instructions 
and  power  to  make  arrests  of  suspicious  persons,  give  them  a 
preliminary  hearing  on  the  spot,  and  thus  bring  justice  to  the 
doors  of  the  people. 

loth. — The  governor  addressed  a  lengthy  communication  to 
the  postmaster-general  in  regard  to  well-grounded  complaints 
concerning  the  management  of  the  postal  aifairs  of  the  ter 
ritory,  in  which  he  remarked  : — "  It  requires  eleven  days  for 
a  letter  to  reach  this  place  from  Washington  City,  when  a  person 
travelling  with  expedition  can  accomplish  the  same  distance 
in  six  days;"  and  then  urges  him  to  use  his  "best  efforts  to 
afford  regular  and  prompt  mail  facilities  for  this  growing  ter 
ritory." 

li)th. — The  free-state  prisoners,  forty  in  number,  were  re 
moved  to  Tecumseh,  where  more  comfortable  quarters  had 
been  prepared,  and  where  they  were  to  receive  their  trial ;  they 


PUBLIC  MEETING  AT  TECUMSEII.  207 

wore  attended  by  an  escort  of  United  States  troops  under 
command  of  Lieut.  Hinging. 

A  convict  named  Charles  H.  Calkins  made  his  escape  from 
prison.  A  requisition  for  troops  was  made  by  the  master  of  con 
victs,  and  a  reward  of  one  hundred  dollars  offered  by  the  gover 
nor  for  his  capture,  but  without  success. 

16th.  A  company  of  mounted  U.  S.  troops  was  granted  to 
Gen.  G.  W.  Clarke,  Indian  agent  for  the  Potawattomies,  to 
protect  him  in  the  payment  of  his  annuities. 

17//i.  The  governor  proceeded  to  Fort  Leavenworth,  via 
Lawrence,  to  attend  the  public  sales  of  the  Indian  trust  lands. 
These  were  owned  by  the  Delawares,  who  number  about  one 
thousand  persons.  They  are  the  richest  tribe  in  Kansas,  and 
perhaps  the  wealthiest  community  in  the  world. 

18fA.  These  land  sales  had  attracted  to  Leavenworth  City  a 
large  concourse  of  people,  not  only  from  every  part  of  the 
territory,  but  from  almost  every  state  in  the  Union.  An  in 
vitation  being  tendered  to  the  governor,  he  attended  a  meeting 
at  that  place,  where  he  was  warmly  welcomed,  and  where  ad 
dresses  on  the  all-important  and  all-absorbing  subject  of  the 
salos  and  the  general  welfare  of  the  country,  were  made  by 
the  governor,  the  mayor,  and  other  prominent  citizens. 

26/A.  A  large  meeting  of  citizens  of  that  town  and  vicinity 
was  held  at  Tecuinseh,  to  chose  delegates  to  attend  a  conven 
tion  "  to  be  held  at  Leavenworth  City,  to  consult  upon  and 
propose  a  policy  upon  which  the  citizens  of  Kansas,  without 
distinction  of  party,  might  unite  for  the  preservation  of  peace 
and  a  general  reconciliation,  based  upon  acquiescence  in  exist 
ing  legislation,  an  impartial  administration  of  justice,  and  op 
position  to  external  intervention  in  the  affairs  of  the  territory." 

At  this  meeting,  which  was  addressed  by  a  number  of  gen 
tlemen,  both  of  the  pro-slavery  and  free-state  parties,  the  fol 
lowing  resolutions  were  unanimously  adopted  : — 

"  Resolved,  That  we  cordially  approve  any  and  all  measures 
that  may  have  a  tendency  to  restore  peace  and  harmony  among 
the  citizens  of  Kansas ;  that  in  view  of  the  past  and  impressed 
with  the  importance  of  the  present,  we  earnestly  implore  our 
fellow-citizens,  without  distinction  of  party,  to  aid  in  the  pres 
ervation  of  peace  and  order  by  adopting  a  policy  of  conciliation. 

"  Resolved,  That  whatever  difference  of  opinion  may  pre 
vail  touching  the  circumstances  that  resulted  in  the  adoption 
of  existing  laws,  we  deem  it  the  duty  of  every  man  to  sup- 


208  HISTORY  OF  KANSAS. 

port  and  sustain  these  laws,  in  preference  to  having  no  laws  at 
all,  and  continuing  the  anarchy  that  has  too  long  prevailed. 

"  Resolved,  That  we  believe  the  existing  territorial  laws 
contain  provisions  that  should  be  repealed,  and  we  have  confi 
dence  that  the  legislature,  at  the  next  session,  will,  with  a 
spirit  of  justice  and  moderation,  correct  oppressive  legislation. 

"  Resolved,  That  we  have  confidence  in  the  patriotic  desire 
and  ability  of  Governor  Geary  to  faithfully  administer  the 
laws,  and  protect  and  enforce  the  rights  of  all  the  citizens  of 
Kansas ;  and  we  cordially  approve  the  policy  that  he  has 
adopted,  and  which,  thus  far,  has  been  attended  with  the  hap 
piest  results  towards  the  restoration  of  law  and  order,  equality 
and  justice." 

The  proceedings  of  this  meeting  were  endorsed  by  the 
grand  jury,  who  published,  with  the  resolutions,  the  following, 
to  which  their  names  were  athxed  : — 

"  Resolved,  That  we,  the  undersigned  grand  jury  for  the 
second  judicial  district,  do  hereby  approve  the  foregoing  reso 
lutions,  and  recommend  them  to  the  citizens  of  Kansas  Ter 
ritory." 

"l$th.  The  deputation  sent  on  the  8th  instant,  in  pursuit  of 
a  band  of  alleged  marauders,  who  were  committing  depreda 
tions  in  the  south-eastern  section  of  the  territory,  returned  to 
Lecouipton,  and  made  a  lengthy  report  of  their  proceedings. 
They  succeeded  in  arresting  seven  notorious  characters,  one 
of  whom,  James  Townsley,  confessed  to  having  been  a  mem 
ber  of  the  party  that  murdered  Wilkinson,  Sherman,  and  the 
Doyles,  on  the  Potawattomie  creek.  Others  were  examined 
and  committed  for  felony.  The  five  prisoners  committed  were 
curried  to  Tecumseh,  and  there  held  in  custody  to  await  the 
action  of  the  grand  jury.  The  report  of  the  commission  says, 
"  they  had  but  fairly  commenced  the  business  with  which  they 
were  charged,  when  Captain  De  Saussure  informed  them  that 
he  had  been  ordered  into  winter  quarters  at  Fort  Leavenwortb, 
with  his  command,  and  that  no  further  assistance  could  be 
rendered  by  him.  Without  a  military  escort  no  arrests  could 
be  made  with  certainty  and  safety,  and  further  operations  were 
therefore  suspended." 

A  special  messenger  brought  a  dispatch  to  the  governor, 
from  U.  S.  Commissioner  Edward  Hoagland,  informing  him 
that  a  band  of  Missourians,  in  the  disguise  of  United  States 
soldiers,  had  forcibly  driven  a  man  named  Holmes  from  the 
territory,  that  the  peace  was  thereby  again  endangered,  and 


THE  PAY  OF  THE  MI1JTIA.  209 

offering  his  own,  and  the  assistance  of  the  marshal,  to  pursue 
the  offenders ;  to  which  a  lengthy  reply  was  returned,  of  which 
the  following  is  an  extract : — 

"  In  reply,  I  have  to  state,  that  the  supposed  soldiers  were 
real  soldiers,  sent  by  me  upon  the  due  requisition  of  peaceable 
citizens  of  Missouri,  accompanied  by  Deputy-Marshal  Preston, 
to  arrest  certain  horse  thieves  (Holmes  among  the  number), 
who  had  been  plundering  the  citizens  of  Missouri ;  that  they 
did  arrest  Holmes,  and  afterwards  permitted  him  to  escape, 
very  much  to  my  regret;  that  thus  far  the  efficiency  of  the 
military  is  unimpaired,  and  no  further,  and  that  the  peace  of 
the  territory  still  remains  upon  a  solid  basis,  as  I  have  the 
most  gratifying  reports  from  all  quarters." 


CHAPTER  XXXIII. 

Pay  of  the  militia. — Settlers  ordered  from  Indian  reserve. — Sales  of  Dela 
ware  trust  lands. — No  prison  in  Kansas. — The  capital  appropriation. — 
Governor  Geary  between  two  factions. — False  reports. — Settlement  of 
Hyattvillo. — Peace  still  prevailing. 

THE  important  events  in  the  history  of  the  territory  for  the 
month  of  December,  1856,  are  all  embraced  in  the  following 
extracts  from  letters  to  the  president  and  secretary  of  state. 
In  a  letter  to  Mr.  Marcy,  of  December  8th,  the  governor 
says : — 

"  Since  my  dispatch  of  22d  ultimo,  the  United  States  troops 
have  retired  to  winter  quarters,  and  the  territorial  militia  have 
been  mustered  out  of  service,  as  before  indicated.  To  be  dis 
charged  in  mid-winter,  without  means  of  support,  seemed  so 
cruel  and  unjust,  that  at  very  considerable  inconvenience  to 
myself,  I  raised  the  money  and  paid  off  the  disbanded  militia. 
I  therefore  request,  that  an  order  be  made  by  the  proper  de 
partment,  authorizing  the  payment  of  the  amount  due  to  the 
three  militia  companies  for  two  and  a  half  mouths'  service. 
This,  I  think,  could  be  done  from  the* general  army  appropri 
ation,  and  I  could  be  reimbursed  at  an  early  day. 

"  The  commission,  alluded  to  in  my  former  dispatch,  as  sent 
to  the  southern  portion  of  the  territory,  with  a  squadron  of 
United  States  dragoons,  have  returned,  having  succeeded  in 
18*  O 


210  HISTORY  OF  KANSAS. 

breaking  up,  as  far  as  I  can  learn,  the  only  party  of  robbers 
infesting  the  territory,  capturing  several  of  them,  and  succeed 
ing  in  arresting  one  man  charged  with  participation  in  the 
murders  committed  on  the  Potawattomie.  in  Ma;-  last,  upon 
the  Doyles,  Wilkinson  and  Sherman.  The  result  of  this  com 
mission  has  fully  equalled  my  anticipations.  Much  has  been 
accomplished  in  a  brief  time,  and  the  squadron  accompanying 
it  has  retired  to  Fort  Leavenworth  for  winter  quarters. 

"  In  the  territory  there  are  numerous  Indian  reserves,  under 
the  government  of  Indian  agents,  as  entirely  independent  of 
the  executive  of  the  territory  as  one  state  is  of  another. 
Questions  of  jurisdiction,  calculated  to  produce  bad  feeling, 
are  constantly  arising,  arid  collisions  between  the  agents  and 
the  citizens  have  ensued. 

"  On  the  5th  inst.,  a  deputation,  representing  citizens  of 
Wise  county,  residing  near  Council  Grove,  called  upon  me  in 
behalf  of  numerous  settlers  in  that  vicinity,  stating  that  the 
jigent  of  the  Kansas  Indians  had  notified  them  to  leave  their 
claims  within  three  days,  at  the  peril  of  being  forcibly  ousted 
by  United  States  soldiers.  The  petition  states  that  the  peti 
tioners  made  settlements  and  valuable  improvements,  com 
mencing  in  1854,  by  virtue  of  a  map  issued  under  the  author 
ity  of  the  Indian  department,  excluding  the  land  settled  upon 
from  the  Kansas  reserve,  with  the  assurance  of  the  Indian 
fluent  himself,  that  the  laud  was  open  for  settlement,  and  that 
they  have  since  been  living  there  with  their  families.  The 
statements  of  the  petitioners  seemed  so  equitable  and  reason 
able,  and  the  season  of  the  year  so  inclement  for  their  removal, 
that  I  advised  the  Indian  agent  to  permit  the  settlers  to  re 
main  undisturbed  until  I  could  lay  the  matter  before  the  gov 
ernment,  having  satisfactory  assurances  from  the  settlers,  that 
they  would  peaceably  acquiesce  in  a  decision  from  that  quar 
ter." 

In  a  letter,  dated  Leavenworth  City,  December  15th,  the 
governor  writes  to  President  Pierce,  as  follows  : — 

"  In  response  to  a  letter  from  the  mayor,  and  accompanying 
petition  of  leading  citizens  of  Leavenworth  City,  I  came  here 
for  the  purpose  of  aiding  with  my  counsel  and  presence,  in 
averting  a  threatened  disturbance.  I  find  the  public  mind 
greatly  excited  in  consequence  of  some  recent  instructions 
from  the  commissioner  of  Indian  affairs,  entirely  changing 
the  policy  which  has  thus  far  governed  the  land  sales,  with  the 
results  so  entirely  satisfactory  to  all  interests. 


SALE  OF  LEAVENWORTTT  CITY.  211 

"  Solicitude  for  the  peace  of  the  territory  brought  me  to 
this  city  on  the  17th  of  November,  at  the  beginning1  of  the 
sales.  Many  purchasers  were  here  from  every  part  of  the 
country,  invited  by  your  proclamation,  and  great  apprehension 
of  difficulty  between  them  and  the  squatters  was  entertained. 
The  lands  had  been  previously  appraised  at  from  one  dollar 
and  twenty-five  cents  to  twelve  dollars  per  acre.  In  accord 
ance  with  his  instructions,  the  commissioner  announced  that 
the  actual  bona  fide,  settler  would  be  permitted  to  take  his 
land  at  its  appraised  value,  and  that  only  vacant  quarter  sec 
tions  would  be  opened  for  competition.  This  announcement 
met  with  universal  favor.  The  speculators  themselves,  the 
only  parties  really  aggrieved,  having  come  here  hundreds  of 
miles  at  heavy  expense,  on  the  invitation  of  the  government, 
not  only  acquiesced  in  the  decision,  but  actually  lauded  its 
justice ;  while  the  Indians,  on  the  other  hand,  were  satisfied 
with  the  price  they  were  getting  for  lands  only  made  valuable 
by  the  industry,  skill  and  capital  of  the  pioneers  who  had 
braved  everything  to  improve  them. 

"  Such  of  the  speculators  as  desired  farms,  made  satisfactory 
arrangements  with  the  settlers ;  while  others,  on  the  faith  of 
the  policy  established  by  the  government,  and  acquiesced  in 
by  the  Indian  agent,  made  large  investments  in  the  lots  of 
this  city. 

"  In  pursuance  of  the  policy  and  understanding  adopted  at 
the  opening  of  the  sales,  all  the  Delaware  lands  advertised  for 
sale,  including  the  environs  of  this  city,  and  also  South  Lea- 
venworth,  with  the  exception  of  the  city  itself,  have  been  sold. 
The  large  sum  of  nearly  four  hundred  and  forty  thousand  dol 
lars  has  been  realized,  which,  together  with  the  proceeds  of 
the  sale  of  this  city,  will  make  over  four  hundred  and  fifty 
thousand  dollars,  to  be  distributed  among  about  nine  hundred 
Indians,  who  have  yet  a  magnificent  reserve,  more  than  quad 
rupled  in  value  by  the  sale  and  settlement  of  the  trust  lands. 

"  The  city  of  Leaven  worth  has  been  appraised  by  lots,  mak 
ing  it  average  thirty  dollars  per  acre.  The  people  here  are 
desirous  that  it  may  be  sold  to  the  original  town  company  by 
the  lot,  at  the  appraised  value,  which  would  be  a  much  more 
stringent  rule  than  that  which  has  been  applied  to  the  rural 
claims.  This  city,  containing  a  population  of  over  two  thou 
sand,  consists  of  three  hundred  and  twenty  acres,  or  two 
claims,  which,  by  the  original  settlers,  were  thrown  into  a 
town  company,  and  divided  into  shares. 


212  HISTORY  OP  KANSAS. 

"  It  seems  clear  to  me  that  every  principle  of  justice  re 
quires  that  the  same  rule  should  be  applied  to  the  claims  upon 
which  this  city  has  been  founded,  as  that  which  has  been  ap 
plied  to  other  portions  of  the  trust  lands,  with  the  additional 
reason  in  favor  of  the  city,  that  on  the  faith  of  the  policy  pre 
viously  announced  by  the  government,  large  investments  have 
been  made  here,  and  it  would  be  a  violation  of  public  faith 
not  to  secure  them. 

(l  What  has  induced  the  commissioner  of  Indian  affairs  to 
send  the  new  and  special  instructions  for  this  city  alone,  I  am 
at  a  loss  to  conceive;  but  I  am  clear  on  the  point,  that,  if  car 
ried  into  effect,  they  will  destroy  the  peace  of  the  community, 
and  for  years  impair  the  prosperity  of  this  young  metropolis 
of  Kansas. 

"  A  meeting  of  the  gentlemen  officially  connected  with  the 
subject  has  been  held.  I  strongly  advised  that  this  city  should 
be  sold  to  the  town  company,  by  lots  or  blocks,  at  their  ap 
praised  value,  in  accordance  with  the  rule  that  has  governed 
the  previous  sales,  thus  giving  entire  satisfaction  to  the  In 
dians,  the  original  settlers  and  the  recent  purchasers,  in  order 
that  the  exciting  question  might  at  once  be  settled,  and  th'e 
minds  of  the  people  relieved  from  a  heavy  load  of  anxiety. 
But  in  this  matter  I  have  been  overruled,  and  it  was  deemed 
advisable  to  send  Mr.  Commissioner  Eddy  and  Colonel  Rus 
sell  to  Washington,  to  lay  the  whole  matter  before  the  govern 
ment,  in  order  to  procure  more  satisfactory  instructions. 

"  This  subject  is  difficult  to  comprehend  by  any  person  not 
on  the  spot,  and  not  conversant  with  it  in  all  its  bearings.  I 
have  given  much  thought  and  examination  to  the  question, 
and  have  come  to  the  deliberate  conclusion,  that  the  peace  of 
the  territory  (which  I  regard  as  of  greater  importance  to  the 
country  than  the  entire  value  of  the  lands)  cannot  easily  be 
maintained  unless  some  policy  be  adopted  which  will  be  satis 
factory  to  the  people,  the  original  settlers  and  the  recent  pur 
chasers." 

A  letter  to  the  secretary  of  state,  under  date  of  Lecompton, 
December  22d,  with  other  useful  information,  contains  the 
following  facts  and  suggestions  : — 

"  There  is  not  a  prison  in  the  territory  in  which  a  prisoner 
can  be  safely  secured  for  a  single  hour.  Where  crime  has 
been  so  abundant,  the  necessity  of  a  penitentiary  is  too  evi 
dent  to  require  elaboration  from  me.  An  appropriation  for 
this  purpose  should  immediately  be  made  by  Congress. 


FALSE  REPRESENTATIONS.  213 

"  The  appropriation  to  build  the  capitol  at  this  place  hag 
been  nearly  exhausted,  and  is  entirely  inadequate  to  complete 
the  building  upon  the  plan  which  has  been  adopted.  The 
architect  informs  me  that  an  additional  appropriation  of  at 
least  fifty  thousand  dollars  will  be  required. 

"  In  order  that  the  government  may  fully  understand  my 
position  here,  and  guard  against  rumors  and  reports  studiously 
set  in  motion  by  certain  parties  whose  political  interests  most 
strongly  commit  them  against  the  policy  which  has  been  estab 
lished  here,  it  seems  proper  that  I  should  make  certain  devel 
opments. 

"  Because  I  will  not  co-operate  with  certain  efforts  to  estab 
lish  a  state  government,  and  lend  myself  to  carry  out  views 
which  are  outside  of  the  constitution  and  the  laws,  I  am  mis 
represented  by  a  few  ultra  men  of  one  party.  Because  I  will 
not  enter  upon  a  crusade  in  support  of  one  idea,  and  endorse 
a  series  of  resolves  passed  on  the  night  of  the  last  session  of 
the  Kansas  Legislature,  making  but  a  single  issue  in  Kansas, 
to  wit,  the  introduction  of  slavery ;  denouncing  the  national 
democratic  party  from  which  I  have  the  honor  to  hold  my 
appointment ;  and  branding  as  abolitionists  or  disunionists  all 
persons  not  agreeing  with  these  principles, — I  am  equally  the 
subject  of  misrepresentation  by  a  few  violent  men  on  the  other 
side.  My  uniform  reply  to  all  objectors,  is,  that  my  position 
shall  not  be  prostituted  to  advance  partisan  ends,  it  being  my 
simple  duty  to  administer  the  government,  and  leave  the  peo 
ple  free  to  settle  and  regulate  their  own  affairs. 

"The  territorial  officers,  with  scarcely  an  exception,  were 
warm  partisans  of  the  last  named  party  organization  ;  so  much 
so  as  to  deprive  themselves  of  all  ability  to  act  as  mediators 
between  the  contending  factions. 

"  The  development  of  my  policy  and  its  happy  results  has 
produced  considerable  agitation  among  some  ultra  men,  and 
various  rumors,  as  unfounded  as  they  are  desperate,  have  been 
put  in  circulation  here,  and  exaggerated  statements  forwarded 
to  Washington,  directly  calculated  to  disturb  the  peace  of  the 
territory,  and  studiously  intended  to  produce  that  effect. 

"  The  whipping  of  Mr.  Tuton,  and  the  threatening  of  Mr. 
John  Spicer,  have  been  greatly  exaggerated.  Mr.  Tuton  was 
whipped,  for  the  reason,  as  it  is  alleged,  that  he  was  treacher 
ous  to  his  former  associates;  but  he  was  not  seriously  injured ; 
and  proper  measures  have  been  taken  to  redress  the  outrage. 
In  reply  to  my  note,  Mr.  John  Spicer  informs  me  that  he  has 


214  HISTORY  OF  KANSAS. 

not  been  threatened ;  that  he  lives  in  a  peaceable  community, 
and  feels  entirely  secure. 

"  A  party  of  some  ninety  men,  mostly  disbanded  militia, 
have  gone,  in  charge  of  Thaddeus  Hyatt,  Esq.,  with  provi 
sions  and  necessary  tools,  to  found  the  town  of  Hyattville,  on 
the  south  branch  of  the  Potawattotnie  Creek,  and  make  settle 
ments  there.  These  persons  were  out  of  employment,  likely 
to  become  a  charge  on  the  town  of  Lawrence,  and  Mr.  Hyatt 
projected  this  scheme,  to  furnish  them  with  useful  occupa 
tion,  and  prevent  them  from  falling  into  habits  of  indolence 
and  vice.  He  fully  explained  the  matter  to  me  previous  to 
putting  it  into  execution,  and  it  met  my  approval." 

On  the  31st  of  December,  the  governor  addressed  Secretary 
Marcy,  as  follows  : — 

"  In  reviewing,  on  this,  the  last  evening  of  the  year,  the 
events  of  the  past  four  mouths,  and  contrasting  the  disturbed 
condition  of  affairs  upon  my  advent  with  the  present  tranquil 
and  happy  state  of  things,  which  has  held  its  sway  for  the 
last  three  months,  I  must  congratulate  the  administration  and 
the  country,  upon  the  auspicious  result.  Crime,  so  rife  and 
daring,  at  the  period  of  my  arrival,  is  almost  entirely  ban 
ished.  I  can  truthfully  assure  you,  that  in  proportion  to  her 
population  and  extent,  less  crime  is  now  being  committed  in 
Kansas,  than  in  any  other  portion  of  the  United  States." 


CHAPTER  XXXIV. 

The  Topeka  Legislature. — Arrest  of  its  members. — Appropriation  of  Ver 
mont  Legislature  for  the  suffering  poor  of  Kansas. 

JANUARY  6th,  1857. — This  day  having  been  appointed  for 
the  meeting  of  the  Free-State  Legislature,  some  of  its  mem 
bers  accordingly  met  at  Topeka ;  but  their  numbers  not  being 
sufficient  to  form  a  quorum,  no  organization  was  effected. 
They  held  an  informal  meeting,  and  adopted  a  memorial  to 
Congress. 

Considerable  apprehension  had  been  entertained  and  ex 
pressed  in  regard  to  the  probable  results  of  this  meeting,  and 
hence,  precautions  had  been  quietly  taken  by  the  governor  to 
guard  against  any  unlawful  or  evil  consequences.  A  coufi- 


A  MISCHIEVOUS  PLAN  FRUSTRATED.  21.*) 

dential  agent  had  been  sent  to  give  timely  notice  of  whatever 
might  transpire,  and  other  arrangements  were  made  for  such 
action  as  exigencies  might  demand. 

There  were  certain  restless  persons,  however,  about  Lecomp- 
ton,  who  were  unwilling  to  trust  the  management  of  this  affair 
to  the  discretion  of  the  governor.  They  thought  they  per 
ceived  another  opportunity  for  a  disturbance,  and  their  dispo 
sition  for  mischief  was  too  strong  to  let  this  pass  by  unim 
proved.  Sheriff  Jones  had  been  laying  his  plans,  and  fancied 
he  had  them  so  admirably  arranged,  that  a  failure  to  accom 
plish  the  object  he  desired,  was  impossible.  These  he  kept 
carefully  concealed  from  the  governor,  though  he  was  a  daily 
visitor  at  the  executive  office.  Had  not  these  plans  been  frus 
trated,  the  peaceful  intentions  of  the  executive  would  have 
been  thwarted,  and  a  renewal  of  a  fierce  civil  conflict  through 
out  the  territory  would  have  ensued.  The  most  careful  and 
constant  watchfulness  was,  therefore,  necessary,  to  guard 
against  the  secret  and  mischievous  machinations  of  men  who 
were  determined  that  peace  should  not  exist,  except  through 
the  extirpation  of  their  political  opponents. 

A  writ,  for  the  arrest  of  the  Topeka  legislators,  had  been 
quietly  issued  by  Judge  Cato,  on  the  oath  of  Sheriff  Jones, 
which  was  served  by  Deputy  Marshal  Pardee,  (Jones  being 
present  to  prevent  any  mistake,)  on  the  members  assembled, 
who  yielded  themselves  prisoners,  without  resistance  or  hesi 
tation. 

This  quiet  submission  to  legal  authority  on  the  part  of  the 
Topeka  Legislators,  was  the  last  thing  the  sheriff  desired  or 
expected.  He  had  looked  forward  to  the  time  of  this  meeting 
with  the  same  anxiety  and  inward  satisfaction  as  he  had  pre 
viously  awaited  the  day  appointed  for  the  sacking  of  Lawrence. 
It  was  to  be  another  jubilee.  He  was  once  more  to  play  the 
part  of  a  hero.  His  programme  had  been  carefully  prepared. 
The  legislature  was  to  have  met — the  marshal  to  serve  his 
*rits — the  members  would  of  course,  refuse  to  recognise  his 
authority — this  would  furnish  a  sufficient  pretext  for  making 
forcible  arrests,  the  attempt  to  do  which  would  be  resisted, 
and  another  violent  outbreak  and  bloody  strife  be  the  result. 
The  governor  was  to  be  soundly  abused  for  permitting  the 
illegal  legislature  to  assemble — all  the  evil  consequences  were 
to  be  charged  to  his  account — and  a  petition  dispatched  to 
Washington  demanding  his  removal.  The  free-state  party 
was  thus  to  be  crushed  out  by  the  sagacity  and  en  erg)-  of  the 


216  HISTORY  dF  KANSAS. 

indomitable  sheriff,  who  was  to  have  been  applauded  to  the 
skies  for  his  unflagging  patriotism.  This  scheme  had  cost 
Jones  an  immense  amount  of  mental  labor.  It  was  the  con 
trivance  of  several  months'  deep  and  anxious  consideration 
and  study.  Sleeping  or  waking,  it  was  doubtless  uppermost 
in  his  thoughts.  What,  then,  was  his  disappointment  and 
mortification  at  its  entire  frustration.  Just  as  he  was  raising 
the  cup  of  triumph  to  his  lips,  it  was  suddenly  dashed  from 
his  hand.  Upon  perceiving  the  completeness  of  his  discom 
fiture,  he  quietly  took  his  seat  in  his  buggy,  and  sullenly  drove 
from  Topeka,  doubtless  muttering  curses  between  his  teeth 
against  the  legislature,  the  marshal,  governor,  and  sundry 
other  individuals  who  had  aided  in  defeating  the  accomplish 
ment  of  one  of  his  dearest  wishes.  Upon  reaching  Lecompton, 
he  retired  immediately  to  his  home,  and  was  never  afterward 
heard  to  refer  to  his  futile  visit  to  Topeka. 

The  prisoners  were  conveyed  to  Tecumseh,  and  retained 
until  the  following  day,  when  they  received  a  hearing  before 
Judge  Cato,  who  had  been  instrumental  in  the  arrest,  but  who 
liberated  them  on  bail,  in  their  own  recognisance  in  the  sum 
of  five  hundred  dollars  each.  They  were,  of  course,  never 
brought  to  trial,  the  district  attorney  entering  nolle  prosequies 
in  theirs,  as  in  the  case  of  all  other  of  the  free-state  treason 
prisoners.  Thus  ended  in  a  farce,  a  performance  which  the 
principal  actors  had  intended  for  a  serious  and  fearful  tragedy. 

1th. — A  letter  was  received  by  Governor  Geary  from  his 
excellency,  Governor  Fletcher,  of  Vermont,  giving  informa 
tion  that  the  legislature  of  that  state  had  appropriated  the 
sum  of  twenty  thousand  dollars  for  the  relief  of  the  suffering 
poor  of  Kansas,  "  upon  full  and  satisfactory  proof  of  the  neces 
sity  of  their  condition,"  and  asking  information  in  regard  to 
the  facts.  In  reply  to  which  tt  e  following  letter  was  dispatched 
to  Gov.  Fletcher: — 

''Executive  Department,  K.  T., 

"Lecompton,  Jan.  7,  1857. 
41  His  EXCELLENCY,  Gov.  FLETCHER, 

"Burlington,  Vermont. 

"  Dear  Sir :  Your  favor  of  the  22d  ultimo,  with  a  copy  of  an  act  of 
the  legislature  of  Vermont,  entitled  '  An  act  for  the  relief  of  the  poor 
of  Kansas,'  has  been  received.  I  am  happy  to  inform  you  that  I  am 
not  aware  of  the  existence  of  any  condition  of  things  in  this  territory 
that  -will  render  necessary  the  employment  of  the  money  you  have  so 
liberally  placed  at  our  disposal. 

"There  is  doubtless  some  suffering  within  the  limits  of  Kansas 


THE  SUFFERING  POOR.  217 

consequent  upon  past  disturbances  and  the  present  extremely  cold 
•weather ;  but  probably  no  more  than  exists  in  other  territories  or  in 
either  of  the  states  of  the  Union. 

"  No  man  who  is  able  and  willing  to  work  need  be  destitute  of  the 
means  of  a  comfortable  livelihood  in  Kansas.  Laborers  and  me 
chanics  are  in  demand,  and  cannot  be  obtained,  at  wages  ranging 
from  $1.50  to  $3.00  per  day.  Indeed  so  far  as  my  observation  has 
extended,  the  deserving  and  industrious  portions  of  our  population 
are  in  the  full  enjoyment  of  more  than  ordinary  contentment  and 
prosperity. 

"Should  any  facts  hereafter  come  tr  my  notice  such  as  to  require 
the  aid  you  have  so  kindly  offered,  I  will  assuredly  make  the  applica 
tion  you  suggest. 

"  With  assurances  of  the  highest  regard,  I  have  the  honor  to  sub 
scribe  myself, 

"  Your  obedient  servant, 

"Juo.  W.  GEARY." 

At  the  time  these  letters  were  passing  there  were,  perhaps, 
two  hundred  men  in  the  town  of  Lecompton,  at  least  one-half 
of  whom  were  out  of  employment,  though  they  were  evidently 
supplied  with  funds  from  some  invisible  source  to  supply 
their  immediate  wants  and  support  them  in  idleness.  Labor 
ing  men  and  mechanics  were  greatly  needed,  but  the  idlers 
could  not  be  induced  to  work.  It  was  much  easier  to  lounge 
about  the  groggeries  and  denounce  abolitionists,  than  make  a 
livelihood  by  honest  industry.  Fire-wood  brought  readily 
from  three  to  four  dollars  per  cord,  and  the  citizens  found  it 
difficult  to  obtain  a  supply,  though  the  river  was  frozen  over, 
and  any  quantity  of  good  fuel  lay  upon  the  opposite  shore  a 
few  hundred  yards  distant,  that  could  have  been  brought 
over  by  hand  on  rude  sledges,  at  which  easy  employment  at 
least  three  dollars  a  day  could  have  been  earned;  but  it  was 
quite  apparent  that  the  most  of  the  people  about  Lecompton 
had  not  come  there  to  work.  It  would,  perhaps,  have  been  a 
degradation  for  the  most  destitute  of  those  gentlemen,  who 
had  come  to  the  territory  to  advocate  the  cause  of  negro  slavery, 
to  resort  themselves  to  manual  labor.  The  settlers  in  the 
country,  though  many  of  them  had  suffered  from  the  past 
disturbances,  were  generally  comfortable.  During  Governor 
Geary's  tour  .  of  observation,  he  travelled  many  miles,  and 
visited  hundreds  of  families;  but  found  very  few  cases  of 
absolute  distress. 

19 


218  HISTORY  OF  KANSAS. 


CHAPTER  XXXV. 

Meeting  of  the  Territorial  Legislative  Assembly  at  Lecompton. 

THE  Legislative  Assembly  met  at  Lecompton  on  the  12th 
of  January,  and  organized  by  appointing  Rev.  Thomas  John 
son,  of  Shawnee  Mission,  president  of  the  Council,  and  W.  Gr. 
Matthias,  of  Leavenworth  City,  speaker  of  the  House  of  Rep 
resentatives.  A  committee  was  appointed  to  wait  upon  the 
governor  and  apprise  him  of  the  organization,  which  was  done 
on  the  following  morning,  when  his  message  was  sent  in  and 
read  before  both  houses.  Orders  were  given  to  the  proprietors 
of  the  Lecompton  Union,  who  were  elected  printers  for  the 
territory,  to  print  six  thousand  five  hundred  copies  of  this 
document;  but  as  they  had  neither  paper  nor  presses  to  supply 
the  order,  the  copies  were  never  printed.  The  government, 
however,  which  is  sometimes  exceedingly  obliging,  will  pay  the 
bill,  notwithstanding  the  omission  on  the  part  of  the  public 
printers  to  supply  the  work.  It  was  better,  perhaps,  that  the 
circulation  of  the  message  should  have  been  restricted  to  the 
narrowest  possible  limits.  The  members  of  the  legislature,  or 
rather  the  great  majority  of  them,  looked  upon  it  as  an  insult 
and  outrage  upon  all  pro-slavery  men,  inasmuch  as  the  gover 
nor  had  not  endorsed  the  actions  of  the  "territorial  militia," 
or  the  "law  and  order"  army,  and  denounced  the  free-state 
men  who  had  taken  up  arms  to  protect  the  persons  of  their 
women,  their  property  and  themselves  from  the  violence  of  a 
legalized  horde  of  ruffians.  The  animadversions  against  his 
excellency  on  this  score,  were  sufficiently  eloquent  and  fierce 
to  satisfy  the  most  exacting  of  his  opponents. 

One  of  the  first  proceedings  of  this  legislative  body,  was  to 
hold  a  secret  meeting,  in  which  it  was  resolved,  that  should 
any  act  pass  both  houses  by  a  majority  of  votes,  and  then  be 
vetoed  by  the  governor,  there  should  be  a  mutual  agreement 
to  disregard  the  veto,  and  pass  the  act  by  a  two-third  vote, 
which  was  strictly  adhered  to  in  all  their  subsequent  proceed 
ings.  At  the  previous  session  they  had  stripped  the  governor 
of  every  vestige  of  power  or  authority  save  that  specially  named 
in  the  organic  act,  and  this  act  they  caused  to  be  so  printed  as 
to  take  from  him  the  pardoning  power.  They  now  concluded 


THE  LEGISLATIVE  ASSEMBLY.  219 

to  deprive  him  of  the  only  privilege  remaining,  which  was  that 
of  vetoing  offensive,  obnoxious  and  unjust  enactments.  The 
governor  was  apprised  of  this  fact,  but  scarcely  believing  so 
infamous  a  measure  possible,  attempted  to  arrest  several  bills, 
by  offering  the  most  tangible  objections,  which  only  served  to 
excite  the  merriment  of  members  and  call  down  upon  his  own 
head  the  most  violent  anathemas.  Indeed,  the  greater  portion 
of  the  time  of  the  session  was  taken  up,  with  long  speeches 
denunciatory  of  his  excellency  for  'his  supposed  impartiality, 
or  rather  his  unwillingness  to  il  go  in  "  heart  and  soul,  with  all 
his  ability,  influence  and  power,  to  advance  the  interests  of  the 
pro-slavery  cause.  So  entirely  were  they  devoted  to  this  pe 
culiar  object,  that  it  was  a  common  expression  among  the  idlers 
of  the  town,  when  no  better  employment  was  on  hand,  to  say 
to  each  other,  "  Come,  let  us  go  over  to  the  House  to  hear 
Jenkins,"  or  Brown,  or  Anderson,  or  0'Driscoll,or  Johnson,  or 
some  other  prominent  orator,  "  abuse  the  governor."  For  hours 
at  the  time,  would  admiring  audiences  stand  listening  to  these 
gentlemen's  vituperations.  It  is  a  great  loss  to  the  world  that 
their  speeches  were  not  phonographed  and  preserved  for  fu 
ture  generations.  Never  again  will  a  similar  amount  of  that 
peculiar  style  of  eloquence  emanate  from  any  legislative  body. 
So  determined  were  some  of  these  gentlemen  to  denounce  the 
governor,  agreeably  to  outside  instructions,  that  they  entered 
upon  the  work  with  a  most  commendable  spirit  and  energy 
whenever  they  could  obtain  the  floor,  or  stand  upon  their  feet, 
which  was  not  always  the  case.  On  one  occasion,  Jenkins, 
who  was  the  most  violent  of  the  violent,  had  advocated  a  certain 
measure  with  great  vehemence,  and  supposing  it  would  meet 
the  governor's  disapprobation,  caused  a  vote  to  be  passed,  ask 
ing  information  of  his  excellency  on  the  subject.  It  so  hap 
pened  that  the  governor  agreed  precisely  with  Mr.  Jenkins, 
and  sent  in  a  brief  message  to  that  effect.  Jenkins,  however, 
despised  listening  to  anything  from  the  governor's  pen,  and 
therefore  crammed  his  fingers  into  his  ears  until  the  message 
was  read,  when  he  suddenly  sprang  to  his  feet,  and  for  the 
hundredth  time  repeated  his  tirades  of  abuse.  He  was  pro 
ceeding  in  one  of  his  most  eloquent  strains.  He  stamped 
violently  upon  the  floor — struck  the  table  with  his  fist,  knock 
ing  over  the  inkstand,  and  pronounced  his  anathemas  with  a 
voice  that  fairly  shook  the  roof  overhead — when  he  was 
arrested  by  a  loud  and  universal  burst  of  laughter.  He  stopped 
and  looked  around  as  though  enquiring  the  cause  of  such  an 


220  HISTORY  OF  KANSAS. 

unusual  interruption,  when  the  speaker  informed  him  that  he 
had  mistaken  the  tenor  of  the  governor's  message,  his  excel 
lency  having  agreed  with  his  views  in  every  particular.  "  Then,0 
said  the  orator,  striking  the  table  another  violent  blow,  "  had 
I  known  that  I  would  have  taken  the  other  side  of  the  ques 
tion  !"  Nothing  could  have  been  more  amusing  than  to  witness 
the  efforts  of  some  of  these  orators  to  preserve  their  equilibrium 
whilst  delivering  themselves  of  their  wisdom.  The  desperate 
struggle  to  stand  erect — the  hiccups  which  interspersed  the 
most  eloquent  sentences — the  rocking  to  and  fro,  and  grasping 
at  the  backs  of  chairs  or  tops  of  tables,  and  most  of  all,  the 
palpable  desire  to  appear  sober,  all  conspired  to  furnish  a  most 
admirable  study  for  a  dramatic  "artist. 

There  were  some  good  men  in  this  assembly;  but  their 
number  was  so  small,  that  their  influence  was  of  little  avail, 
and  they  were  always  in  the  minority,  when  any  measure  was 
proposed  to  which  they  could  not  give  their  sanction.  Some 
of  these,  in  the  early  part  of  the  session,  retired  to  their  homes 
in  disgust  at  their  associates,  whilst  others  remained,  hoping 
even  against  hope,  that  they  might  be  enabled  to  circumvent 
some  evil  machination.  But  the  majority  of  the  members 
were  of  the  most  rabid  of  the  pro-slavery  fire-eaters,  who  had 
but  one  idea,  and  that  the  introduction  of  slavery  as  a  perma 
nent  institution  into  Kansas.  And  it  is  quite  probable,  judg 
ing  from  their  uniform  behavior,  they  never  for  a  moment 
supposed  that  any  means  to  accomplish  that  end,  however  des 
perate  or  unlawful,  was  deserving  of  reprehension.  They  were 
mostly  men  of  limited  education,  rude  manners,  violent  char 
acter,  intemperate  habits,  and  desperate  fortune.  There  were 
those,  however,  always  at  their  elbows,  guiding,  directing  and 
con  trolling  their  legislative  conduct,  sufficiently  cunning,  shrewd 
and  intelligent  to  mould  them  to  their  will,  and  use  them  as 
tools  to  effect  their  purposes. 

Lecompton  was  at  that  time,  and  now  is,  a  sort  of  moral 
plague  spot  in  Kansas,  and  as  such  is  shunned  by  all  good 
people  coming  into  the  territory.  When  it  was  first  laid  out 
for  a  town,  Sheriff  Jones  declared  that  no  free-state  man  should 
own  property  in  it,  and  so  infamous  has  been  its  character 
ever  since,  that  none  will  purchase  there  who  can  succeed  any 
where  else.  Hence,  when  the  legislature  met,  there  were  no 
suitable  accommodations  for  the  visitors.  The  weather  was 
severely  cold,  the  thermometer  being  some  nights  thirty  de 
grees  below  zero.  Beds  and  bedding,  as  well  as  shelter,  were 


JACK  THOMPSON'S  RESTAURANT.  221 

scarce,  and  wholesome  provisions  could  not  be  obtained  in  suf 
ficient  quantities  to  supply  the  demand  at  any  price.  There 
was  consequently  much  suffering,  and  several  deaths  occurred 
from  exposure. 

A  few  of  the  most  respectable  members  of  the  legislature 
obtained  boarding  at  several  private  houses,  some  of  them  being 
compelled  to  sleep  at  night  on  the  floors  of  the  legislative  halls. 
The  great  portion  of  the  body  boarded  and  lodged  at  what  was 
called  "Jack  Thompson's  Restaurant/'  the  proprietor  being 
himself  a  member  of  the  House  of  Representatives.  This  was 
a  one-story  frame  building,  the  ground  floor,  which  was  the 
only  one,  being  divided  into  three  rooms,  in  the  principal  of 
which  the  bar  was  kept,  whilst  in  the  others  faro,  draw-poker, 
and  other  gambling  games  were  played  every  night  and  on  every 
Sunday,  for  the  entertainment,  if  not  the  profit,  of  the  law 
makers.  There  was  an  extensive  cellar  underneath  this  slight 
building,  where  the  cooking  and  eating  were  done.  The  dining 
tables  furnished  lodging  room  for  a  number  of  boarders,  who 
spread  their  blankets  upon  them  when  the  dishes  were  re 
moved.  The  bar-room  also  provided  a  number  with  lodging. 
This  was  generally  crowded,  and  immense  quantities  were  here 
drunk  of  a  most  infamous  compound  of  vile  drugs,  the  quali 
ties  and  character  of  which  were  only  known  to  the  manufac 
turer,  but  which  he  could  safely  have  warranted  to  destroy 
the  constitution  of  the  strongest  man,  in  a  very  limited  time, 
and  which  "Jack  Thompson"  and  his  bar-keepers  sold  for 
whiskey  at  a  dime  a  glass.  This  stuff  seemed  to  produce  a 
very  peculiar  effect,  and  to  its  influence  must  be  ascribed  very 
many  of  the  ferocious  and  insane  deeds  which  have  blackened 
the  history  of  Kansas.  Late  at  night  this  bar-room  was  cov 
ered  with  a  few  inches  of  saw-dust,  upon  which,  as  the  out 
siders  withdrew,  boarders,  mostly  legislators,  would  stretch 
themselves  out  and  fall  asleep.  One  night  a  stage  driver  hap 
pened  to  drink  some  of  that  whiskey,  which,  if  it  was  not  sure 
to  kill,  was  certain  to  make  drunk,  and  he  rolled  over  on  the 
floor  among  the  members.  In  the  morning,  whilst  engaged 
in  shaking  off  the  saw-dust,  he  was  accosted  by  one  of  the 
thousand  borers  for  bank  charters,  or  railroad  bills,  or  town 
company  corporations,  to  obtain  his  influence  to  get  an  act 
through  the  legislature.  This  threw  the  stage-driver  into  a 
violent  passion,  and  the  borer  came  near  getting  a  flogging. 
"It  is  bad  enough,"  said  the  stage-driver, "  to  get  drunk,  and 
make  a  fool  of  myself,  and  get  into  bad  company,  but  no  man . 


222  HISTORY  Ofr  KANSAS. 

shall  insult  me  by  mistaking  me  for  a  member  of  the  Kansas 
Legislature." 

The  principal  business  of  the  assembly,  after  that  of  abusing 
the  governor,  was  to  incorporate  an  almost  endless  number  of 
roads,  railroad,  ferry,  bridge,  and  town  associations.  The  latter 
were  so  numerous  as  to  elicit  the  suggestion  from  a  wag,  that 
it  was  highly  important  to  offer  a  bill  withholding  a  few  acres 
of  the  land  in  the  territory  for  farming  purposes.  In  passing 
these  acts,  the  legislature  exhibited  a  forethought  for  them 
selves  that  would  have  done  credit  to  the  "  unjust  steward" 
so  highly  commended  for  his  prudence  in  one  of  the  gospel 
parables.  The  charters  were  closely  examined,  and  wherever 
it  seemed  probable  that  the  scheme  would  prove  profitable  to 
the  corporators,  the  names  of  those  contained  in  the  bills,  es 
pecially  if  suspected  of  free-soilism,  were  erased,  and  an  equal 
number  or  more  of  those  of  the  members,  were  substituted,  in 
which  form  the  bill  would  become  a  law.  A  gentleman  from 
Missouri,  with  the  strongest  pro-slavery  proclivities,  who  had 
business  transactions  with  the  legislature,  remarked: — "This 
is  the  most  corrupt  body  that  ever  assembled  in  the  world. 
Had  the  Saviour  came  down  from  heaven  and  offered  a  bill 
that  would  have  saved  the  country  from  irretrievable  ruin, 
unless  it  could  have  been  made  clear  that  it  would  be  condu 
cive  to  their  own  immediate  personal  interests  it  would  have 
been  defeated;  whilst  on  the  other  hand,  they  would,  if  liber- 
ally  paid,  push  through  the  most  obnoxious  and  infamous  act, 
even  were  it  presented  by  the  very  devil  himself !" 


CHAPTER   XXXVI. 

Act  of  the  Legislative  Assembly,  to  authorize  courts  and  judges  to  admit 
to  bail  in  all  cases. — Veto  message  of  the  governor. — The  bill  passed. — 
Clarke  and  others  bailed  under  the  new  law. 

THE  first  act  of  the  Legislative  Assembly  was  a  direct  at 
tempt  to  recreate  disturbances,  by  agitating  anew  the  ques 
tion  of  difficulty  between  Governor  Geary  and  Judge  Le- 
compte,  growing  out  of  the  bailing  by  the  latter,  of  the  mur 
derer  of  Buffum.  This  was  the  passage  of  a  bill,  intended  as 
an  endorsement  of  Lecompte's  conduct,  and  disapproval  of 


VETO  MESSAGE.  223 

the  governor's,  and  giving  to  any  district  judge  authority  to 
bail  till  persons  charged  with  any  and  every  crime,  whethei 
previously  considered  bailable  or  not.  The  following  is  a  copy 
of  this  bill  : — 

"The  District  Court,  or  any  judge  thereof,  in  vacation,  shall 
have  power  and  authority  to  admit  to  bail,  any  prisoner  on 
charge,  or  under  indictment  for  any  crime  or  offence,  of  any 
character  whatever,  whether  such  crime  or  offence  shall  have 
heretofore  been  bailable  or  not;  such  court  or  judge,  on  every 
such  application  for  bail,  exercising  a  sound  discretion  in  the 
premises." 

This  bill  was  returned  by  the  governor  unsigned,  with  his 
objections,  which  are  sufficiently  important  and  interesting  to 
be  given  to  the  reader: 

"  To  the  Council  and  House  of  Representatives  of  Kansas 
Territory. 

" GENTLEMEN: — The  Bill,  'To  authorize  Courts  and  Judges 
to  admit  to  bail  in  certain  cases/  has  been  carefully  exam 
ined,  and  notwithstanding  my  earnest  desire  to  agree  with  the 
legislature,  I  am  compelled  to  return  it  without  approval,  for 
the  following  reasons  : — 

'The  doctrine  that  the  more  certain  the  punishment  of 
crime'  is  made,  the  greater  will  be  the  restraints  upon  the 
evil  passions  of  wicked  men,  has  been  established  in  all  civi 
lized  communities,  and  approved  by  the  wisdom  and  experi 
ence  of  every  age  of  the  world ;  and  had  we  no  other  evidence 
of  its  truth,  more  than  sufficient  has  been  furnished  in  the 
disturbances  and  outrages  which  have  so  recently  occurred  in 
the  Territory  of  Kansas ;  for  no  one  can  be  insensible  of  the 
fact,  that  the  impunity  that  has  here  been  given  to  crime,  has 
been  the  cause  of  many  of  the  offences  that  have  been  com 
mitted.  Had  but  a  few  of  the  early  agitators,  and  defiants  of 
law,  been  brought  to  punishment,  the  subsequent  events  which 
every  good  citizen  deplores  and  condemns,  would  never  have 
occurred. 

'•It  is  of  the  utmost  importance  to  the  safety  of  society 
that  the  laws  should  be  rendered  as  stringent,  and  their  exe 
cution  as  certain  as  possible;  especially  as  regards  the  crime 
of  wilful  and  deliberate  murder.  Such  an  offence  should  be 
guarded  against  with  the  utmost  care.  No  door,  whatever, 
should  be  opened  for  the  escape  of  the  criminal.  Once  in  the 
hands  of  the  proper  authorities,  he  should  there  be  secured 


224  HISTORY  OF  KANSAS. 

until  the  ends  of  justice  are  effected.  The  man  whose  life 
has  been  forfeited  to  the  law,  will  stop  at  no  means  within  the 
range  of  human  possibility  to  accomplish  his  escape;  for  'what 
will  a  man  not  give  in  exchange  for  his  life  ?' 

"  The  act  under  consideration  makes  it  comparatively  easy 
for  the  most  notorious  criminal  to  escape  the  punishment  his 
crimes  have  merited.  Any  judge  of  a  district  court  is  thereby 
allowed  to  set  him  at  liberty  on  bail.  The  bill  does  not  even 
establish  the  amount  of  bail  required.  This,  as  well  as  the 
propriety  of  bailing,  is  left  to  the  discretion  of  the  court  or 
of  the  district  judge.  Were  the  bill  passed  expressly  to  tam 
per  with  and  corrupt  the  judiciary,  it  could  not  have  been 
more  effectual.  All  human  beings  are  fallible,  and  it  is  a 
sound  principle  to  throw  in  their  way  to  err,  as  few  tempta 
tions  as  possible.  No  judge  who  has  a  proper  regard  for  his 
own  reputation,  can  desire  the  passage  of  a  law  which  will 
render  him  liable  to  invidious  imputations.  If  this  bill  be 
comes  a  law,  appeals  will  be  made  to  the  district  judge  to  bail 
every  person  charged  with  the  crime  of  murder,  and  the 
strongest  inducements  will  be  offered  to  influence  his  action. 
Should  he  refuse  to  accede  to  the  wishes  of  the  individual  ac 
cused,  or  his  importunate  friends,  he  will  subject  himself  tc 
the  charge  of  some  unjust  bias  j  while  on  the  other  hand, 
should  he  yield  to  such  importunities  he  is  almost  certain  of 
being  charged  with  bribery  and  corruption ;  and  violence  to 
wards  himself  might  ensue  in  either  case.  The  judge,  there 
fore,  would  prefer  to  avoid  the  additional  responsibility  which 
this  bill  imposes. 

"  But  apart  from  this,  one  tendency  of  the  act  is  to  corrupt 
the  judiciary.  It  will  not  do  to  affirm  that  this  is  impossible. 
It  has  frequently  been  done  to  such  an  extent  as  to  endan 
ger  the  safety  of  communities,  and  even  incite  to  anarchy, 
with  all  its  fearful  consequences.  The  intention  of  the  laws 
have  been  so  disregarded,  that  the  people,  in  self-defence, 
have  repudiated  the  courts,  and  in  opposition  to  all  legislative 
enactments,  have  taken  upon  themselves  the  administration  of 
justice.  Indeed,  in  every  instance  where  'lynch  law'  has 
been  resorted  to,  the  excuse  given  by  the  people  has  been 
founded  upon  the  laxity  of  the  courts,  or  the  inefficiency  or 
corruption  of  the  judiciary. 

"  This  want  of  confidence  in  the  authorities  regularly  con 
stituted  for  the  execution  of  justice  upon  persons  charged 
with  heinous  crimes,  produced  those  terrible  excitements  in 


VETO  MESSAGE.  2^5 

California,  consequent  upon  the  organization  cf  the  memora 
ble  '  Vigilance  Committee/ 

"  It  is  to  be  hoped  that  a  similar  condition  of  things  may 
never  transpire  in  Kansas,  though  it  may  well  be  anticipated, 
if  murder  is  permitted  by  the  courts  to  be  perpetrated  with 
impunity.  The  murmurings  on  this  subject  are  even  now 
loud  and  almost  universal.  Some  of  our  best  citizens  have 
been  stricken  down  by  the  hand  of  the  assassin,  whose  blood 
has  cried  in  vain  upon  the  legal  tribunals  for  justice.  And 
although  many  have  fallen  victims  to  this  atrocious  crime,  not 
one  of  its  numerous  perpetrators  has  yet  suffered  the  just 
penalty  of  the  law.  The  murderer,  his  hands  still  reeking 
with  human  gor.e,  walks  unmolested  in  our  midst,  laughing  to 
scorn  the  laws  which  condemn  him  to  an  ignominious  death. 

11  Let  the  law  contemplated  in  this  bill  be  adopted,  and  this 
evil,  already  sufficiently  deplorable,  will  be  rendered  far  worse. 
The  slight  restraints  now  held  upon  the  vicious,  will  be  almost 
entirely  removed.  No  good  citizen  can  venture  in  the  streets 
or  upon  the  highways,  with  a  proper  feeling  of  security. 
The  personal  safety  of  all  who  are  well  disposed,  will  be  con 
stantly  endangered.  The  odious  practice  of  bearing  concealed 
weapons  for  self-defence  will  become  general,  and  the  most 
disastrous  results  will  follow.  Every  man,  conscious  of  the 
uncertainty  of  punishment  by  the  courts,  will  take  the  law  in 
his  own  hands,  and  the  slayer  of  one  individual  will  fall  a  vic 
tim  to  the  retaliatory  vengeance  of  another.  Or  should  he 
be  brought  before  a  judge  or  court,  and  liberated  upon  bail, 
an  offended  people  will  ari^e  in  their  majesty,  and  prevent  his 
escape  by  the  infliction  of  summary  punishment. 

"  The  fact  that  bail  has  been  given,  will  have  no  tendency 
to  prevent  these  results ;  for  no  one  can  have  confidence  in 
the  security  furnished  by  such  bail  as  a  deliberate  murderer 
can  obtain.  The  person  who  will  step  in  between  him  and 
the  execution  of  justice,  must  himself  be  destitute  of  those 
feelings  and  sentiments  which  will  render  him  worthy  the  con 
fidence  of  peace-loving  citizens.  Or  even  were  it  otherwise, 
and  the  murderer  is  substantially  bailed  by  a  wealthy  relative 
or  friend,  the  only  object  in  the  whole  transaction  is  the  crimi 
nal's  escape;  for  any  amount  of  property,  under  such  circum 
stances,  will  be  forfeited  to  preservg  his  life.  But  in  the  ma 
jority  of  cases  the  bail  is  entirely  worthless,  and  its  being 
admitted  by  a  court  or  judge  is  equivalent  to  the  murderer's 
discharge;  for  no  one  who  is  conscious  of  a  conviction  that 
P 


225  HISTORY  OF  KANSAS. 

will  condemn  him  to  death,  will  ever  present  himself  for  trial. 
If  he  has  wealth,  he  can  purchase  sureties,  and  if  he  has  not, 
he  may  obtain  the  aid  of  those  who  are  worthless,  or  if  pos 
sessed  of  the  property  to  which  they  swear,  may  dispose  of  it 
at  pleasure,  and  thus  defraud  the  territory  as  well  as  justice. 
Bail-bonds,  as  now  given,  are  of  little  value  even  in  trivial 
cases;  for  when  forfeited  the  amount  is  seldom  collected.  To 
make  them  of  any  avail,  a  lien  should  immediately  be  created 
on  the  lands  of  the  persons  acknowledging  them,  '  and  the  ex 
ecution  issued  by  virtue  of  a  judgment  thereon,  may  rightly 
command  the  taking  and  sale  of  the  lands,  of  which  defend 
ant  was  seized  at  the  time  the  recognisance  was  acknow 
ledged.'  Were  this  rule  of  law  adopted,  there  would  be  some 
value  in  a  bail-bond,  and  fewer  persons  would  be  found  willing 
to  execute  it.  But  as  the  law  now  rests  in  this  territory,  a 
criminal  may  be  bailed  to-day  upon  what  is  apparently  tangi 
ble  security,  and  to-uiorrow,  both  himself  and  sureties  dispose 
of  all  their  property,  and  unmolested  and  quietly  depart  to 
another  region,  and  thus  the  matter  ends.  In  the  majority 
of  instances  therefore,  the  taking  of  bail  in  criminal  cases, 
only  tends  to  defeat  the  ends  of  justice,  and  in  every  case  of 
absolute  premeditated  murder,  where  the  proof  is  clear,  or 
sufficient  to  convict,  is  tantamount  to  an  acquittal  of  the  cri 
minal. 

''The  fact  that  we  have  no  sufficient  prisons  for  the  safe 
keeping  of  the  murderer,  affords  no  argument  for  the  passage 
of  the  bill.  This  want  can  soon  be  supplied,  and  it  will  be 
better  far  to  commence  that  work  at  once,  than  to  adopt  a  law 
which  must  remove  the  almost  only  restraint  that  now  exists 
upon  murderous  inclinations  and  passions.  There  is  no  neces 
sity  for  deliberate  murderers  to  be  set  free,  on  bail  or  other 
wise,  for  want  of  a  prison  to  keep  them  in  lengthy  confine 
ment.  Frequent  sessions  of  the  courts,  early  trials,  and 
speedy  executions,  will  dispose  of  such  cases,  and  give  to  the 
people  confidence  in  the  judiciary  and  the  laws,  and  a  sense 
of  security  of  which  they  have  so  long  been  deprived. 

11  Remove  or  weaken  anyone  of  the  safeguards  we  now 
possess  against  criminals  and  crime,  and  the  peace  we  enjoy 
must  measurably  be  shaken.  Hence  it  becomes  a  subject  of 
the  utmost  importance,  npt  only  to  guard  against  such  a  re 
sult,  but  to  adopt,  if  possible,  laws  which  will  strengthen  the 
general  confidence,  by  making  the  barriers  to  the  escape  of 
the  criminal  even  more  firm  and  impassable. 


THE  CASE  OF  6HERRARD. 

"Let  it  be  established  and  universally  known,  that  'though 
hand  join  in  hand,  the  guilty  shall  not  go  unpunished ;'  that 
the  blood-stained  murderer  once  in  the  power  of  the  authori 
ties,  shall  have  no  possibility  or  hope  of  escape ;  that  he  who 
wilfully  and  deliberately  sheds  the  blood  of  his  fellow-man 
shall  surely  suffer  the  penalty  by  which  his  life  is  forfeit,  and 
our  laws  will  be  more  respected ;  fewer  crimes  will  be  com 
mitted  ,  and  the  community  will  repose  in  far  greater  security 
and  peace. 

"  JNO.  W.  GEARY. 

"  Leconipton,  K.  T.,  January  22d,  1857." 

The  bill,  notwithstanding  these  substantial  reasons  for  its 
rejection,  was  passed  by  an  almost  unanimous  vote  of  both 
houses.  On  the  following  day,  George  W.  Clarke,  charged 
with  the  murder  of  Barber,  Dr.  J.  H.  Stringfellow,  Captain 
William  Martin,  and  other  pro-slavery  men,  against  whom  un 
nerved  warrants  had  been  in  the  hands  of  the  marshal  for 
several  months,  appeared  voluntarily  before  Judge  Cato,  of 
fered  bail,  and  were  discharged.  The  sureties  in  Clarke's 
case,  were  the  ever-ready  Sheriff  Jones,  and  the  probate-judge 
and  United  States  Commissioner  John  P.  Wood.  This  was 
the  first  action  under  the  new  bail  law.  Clarke,  from  that 
time,  was  daily  within  the  bar  of  the  house,  instructing  the 
members,  until  the  adjournment,  when  he  proceeded  to  Wash 
ington,  and  became  an  adviser  of  President  Buchanan,  the 
Cabinet  and  Robert  J.  Walker. 


CHAPTER  XXXVII. 

Resolution  of  the  legislature  asking  the  governor's  reasons  for  not  com 
missioning  Win.  T.  Sherrard — Governor  Geary's  reply — Conduct  of  the 
legislators — Violence  of  Sherrard. 

THE  next  important  legislative  act  was  the  adoption  of  a 
resolution,  demanding  of  the  governor  his  reasons  for  not 
having  issued  a  Commission  to  Win.  T.  Sherrard,  who  had 
some  time  previous  been  appointed. by  the  county  tribunal,  as 
sheriff  of  Douglas  county,  in  place  of  Samuel  J.  Jones,  who 
had  resigned.  The  obvious  design  of  this  resolution  was  to 
inveigle  the  governor  into  a  quarrel  and  embarrass  him  in  the 


228  HISTORY  OF  KANSAS. 

prosecution  of  his  duties,  and  so  it  was  avowed  and  generally 
understood. 

It  had  so  happened,  that  immediately  after  Sherrard  had 
received  his  appointment,  he  called  upon  the  governor,  and 
somewhat  insolently  asked  for  his  commission.  The  blanks 
being  then  in  possession  of  the  secretary  of  the  territory,  whose 
signature  and  seal  were  also  necessary  to  complete  the  paper, 
and  Mr.  Woodson  being  absent  from  the  city,  the  governor 
requested  Sherrard  to  wait  until  his  return,  which  would  at 
the  furthest  be  in  two  or  three  days.  Soon  after,  Sherrard 
called  again  at  the  executive  office,  and  on  this  occasion  his 
conduct  was  so  exceedingly  offensive  and  insulting  as  to  elicit 
from  the  governor  the  inquiry  why  he  (Sherrard)  should  be  so 
inimical  to  him.  Such  were  his  defiances  and  threats  that  even 
had  the  secretary  been  present,  the  commission  would  not  then 
have  been  issued.  Next  Sherrard  wrote  and  sent  a  note  to 
the  governor,  informing  him  that  if  the  commission  was  not 
received  within  a  certain  time,  a  mandamus  would  be  obtained 
to  compel  him  to  render  it. 

In  the  meantime,  the  members  of  the  county  board,  who 
had  made  the  appointment,  had  severally  visited  the  governor, 
requesting  him  to  withhold  the  commission  until  they  could 
have  a  regular  meeting  for  the  purpose  of  revoking  the 
appointment,  which  had  hastily  been  made  at  the  instance  of 
Sheriff  Jones,  and  without  a  proper  knowledge  of  the  character 
of  the  applicant,  who  they  were  now  convinced  was  utterly 
unfit  for  the  office,  in  consequence  of  the  violence  of  his 
disposition,  his  being  almost  daily  engaged  in  street  and  tavern 
broils,  and  his  threats  to  disturb  the  general  peace  as  soon  as 
the  commission  was  obtained.  Numerous  petitions  to  the 
same  effect  were  also  received  from  respectable  citizens  of  the 
county. 

Whilst  the  subject  was  thus  pending,  Sherrard  was  proving 
his  unfitness  for  the  position  he  sought,  by  getting  into  serious 
difficulties  with  sundry  persons.  He  boarded  at  the  Virginia 
House,  with  a  man  named  Locklane,  at  whom,  while  at  the 
dining  table,  he  threw  a  plate,  and  afterwards  fired  his  pistol, 
the  ball  grazing  Locklane's  eyebrow,  carrying  a  portion  of  it 
away.  He  then  told  Locklane  to  run,  promising  that  he  would 
not  fire  until  he  had  gone  ten  paces.  Not  disposed  to  run, 
under  such  circumstances,  Locklane  stood  still,  with  Sherrard's 
pistol  pointed  at  him,  for  the  space  of  nearly  two  hours,  when 
he  was  relieved  from  his  perilous  situation  by  the  interposition 


6HERRARD  AND  THE  LEGISLATURE.  229 

of  other  parties.  Soon  after  Sherrard  got  into  a  fist  fight 
with  a  man  named  Brooke,  in  which  he  was  severely  beaten, 
both  his  eyes  having  been  blackened  and  shockingly  swollen, 
and  his  face  very  much  disfigured.  In  this  condition  he  ap 
plied  to  each  of  the  supreme  judges  for  a  mandamus  to  com 
pel  the  governor  to  commission  him  as  sheriff,  but  without 
success,  the  judges  understanding  the  case  too  well  to  grant 
his  wish,  notwithstanding  it  was  urged  by  Mr.  David  Johnson, 
of  Leavenworth,  a  lawyer,  and  member  of  the  legislature, 
whom  Sherrard  had  employed  in  his  behalf.  He  next  sent 
General  Maclean  with  a  challenge  to  Dr.  Brooke,  the  propri 
etor  of  the  Lecompton  Hotel,  who,  declining  to  meet  Sher 
rard,  the  latter  posted  him  in  huge  handbills  as  a  liar,  a  scoun 
drel,  and  a  coward. 

Such  was  the  state  of  affairs  when  the  legislature  met,  to 
whom  Sherrard  preferred  a  complaint  against  the  governor, 
and  who  passed  and  sent  the  following  resolution  to  his  ex 
cellency  : — 

"  House  of  Representatives, 

"January  19,  1857. 

"  Resolved,  That  His  Excellency,  the  Governor  of  the  Territory  of 
Kansas,  be  respectfully  requested  to  furnish  the  House  with  a  state 
ment  of  his  reasons  for  not  commissioning  Wm.  T.  Sherrard  as  sheriff 
of  Douglas  county. 

«« R.  C.  BISHOP, 

"Chief  Clerk." 

Although  this  was  a  question  with  which  the  legislature 
clearly  had  no  right  whatever  to  interfere,  rather  than  treat 
them  with  even  seeming  disrespect,  the  governor  somewhat 
reluctantly  furnished  the  following  reply  to  their  officious  and 
insolent  inquiry: — 

"Executive  Department,  K,  T., 

"Lecompton,  Jan.  21,  1857. 
"  To  THE  HOUSE  OF  REPRESENTATIVES, 

Kansas  Territory. 

Gentlemen:  In  reply  to  your  resolution  of  the  19th  inst.,  which 
was  received  late  on  the  20th,  requesting  me  to  furnish  your  body 
with  a  statement  of  my  reasons  for  not  commissioning  William  T. 
Sherrai'd,  Esq.,  as  Sheriff  of  Douglas  county,  I  have  the  honor  to 
state,  that  while  I  am  disposed  to  accede  to  any  reasonable  request 
from  the  legislature,  I  regard  that  matter  as  a  subject  of  inquiry  only 
from  the  territorial  courts. 

"  Prior  to  its  announcement  to  me,  the  appointment  of  Mr.  Sherrard 
was  protested  against  by  many  good  citizens  of  Lecompton  and 

20 


230  HISTORY  OF  KANSAS. 

Douglas  county,  as  his  habits  and  passions  rendered   him  entirely 
unfit  for  the  proper  performance  of  the  duties  of  that  office. 

"  There  was  no  intention,  However,  on  my  part,  to  withhold  his 
commission  ;  but  in  consequence  of  the  absence  of  the  secretary  of 
the  territory,  it  was  delayed  for  several  days,  during  which  time  I 
was  informed  by  many  respectable  gentlemen,  among  whom  were 
those  of  the  county  tribunal  from  which  he  received  his  appointment, 
that  Mr.  Sherrard  had  been  engaged  in  several  drunken  broils, 
fighting  and  shooting  at  persons  with  pistols,  and  threatening  others. 
I  have  since  been  informed  that  these  facts  are  notorious  to  the 
citizens  of  the  place,  and  can  easily  be  substantiated  by  proof. 
Should  the  contrary  be  made  clearly  to  appear,  no  one  will  rejoice 
more  heartily  than  myself. 

"  But  it  is  my  desire  to  be  distinctly  understood  that  I  will  com 
mission  no  one  laboring  under  such  charges  as  would  impair,  if  not 
entirely  destroy,  his  usefulness;  or  whose  passions  and  habits  would 
render  him  unfit  for  the  proper  discharge  of  his  duties,  or  which  might 
in  any  manner  endanger  the  peace  of  the  territory. 

"I  am  instructed  from  the  source  whence  I  derive  my  appointment 
to  pursue  this  course  of  policy.  The  true  interests  of  the  people  of 
the  territory  require  it,  and  it  is  sanctioned  and  approved  by  my  own 
judgment. 

"Jjjo.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

This  communication  was  received  in  anything  but  a  kindly 
spirit  by  the  members  of  the  House  of  Representatives.  The 
very  reasons  assigned  for  not  commissioning  Sherrard,  were  to 
them  sufficient  reasons  for  his  having  been  commissioned. 
They  desired  a  man  who  could  keep  the  community  in  a  stnte 
of  feverish  excitement.  Sherrard  had  declared  that  he  would, 
in  three  weeks,  renew  the  civil  commotion.  This  was  precisely 
what  the  legislature  desired,  and  Sherrard  was  a  man  after 
their  own  heart.  Hence  the  governor's  reply  to  their  resolu 
tion  of  inquiry  was  met  with  some  of  the  most  furious  ha 
rangues  that  were  ever  heard.  Jenkins  foamed  at  the  mouth, 
lie  was  for  hanging,  quartering,  burning,  and  utterly  annihi 
lating  his  excellency,  body,  soul,  and  all  that  belonged  to  him. 
Johnson  spoke  with  difficulty.  He  had  been  enjoying  himself 
with  some  friends;  but  still  he  had  to  say,  that  Sherrard  was 
his  client,  and  that  Governor  Geary  was  a  d — d  despot,  assum 
ing  an  arbitrary  power  from  which  the  autocrat  of  Russia 
would  have  shrunk  dismayed.  Anderson  thought  the  gov 
ernor  should  be  severely  censured  for  sending  such  a  discour 
teous  message.  And  0.  H.  Brown — Brown  walked  up  and 
down  the  floor,  his  hands  thrust  down  into  his  breeches  pocket, 
occasionally  giving  the  unconscious  boards  a  violent  kick, 


OUTRAGES  OF  SIIERRARD.  231 

as  though  they  had  been  guilty  of  some  grievous  offenee 
deserving  chastisement,  and  then  delivered  himself  of  his 
most  eloquent  effort.  "  Governor  Geary  was  a  usurper,  a 
monster,  and  a  tyrant.  He  (Brown)  had  searched  the  records 
of  ancient  Greece  and  Rome.  He  had  studied  heathen  my 
thology  until  it  was  familiar  to  his  very  finger  ends.  He  had 
wondered  at  the  atrocities  of  Nero  and  Caligula,  but  he  had 
never  seen  nor  heard  nor  read  of  anything  so  abominable  and 
worthy  of  hearty  condemnation  and  execration  as  this  conduct 
of  Governor  Geary  in  withholding  his  commission  for  such 
reasons  as  he  assigned,  from  Mr.  Sherrard."  This  powerful 
effort  of  Brown  was  afterwards  revised,  corrected  and  improved, 
and  published  in  the  Lecompton  Union  ;  but  as  the  proprietors 
found  it  difficulty  to  procure  more  paper  than  would  suffice  to 
print  copies  enough  to  supply  the  members  of  the  Cabinet 
and  other  prominent  pro-slavery  men  at  Washington,  and  in  the 
southern  states,  for  whose  especial  instruction  and  edification 
the  Union  is  published,  a  copy  could  not  be  obtained  for  trans 
mission  to  these  pages. 

After  these  and  other  distinguished  gentlemen  had  ex 
hausted  the  English  vocabulary  of  abusive  epithets,  well  inter 
larded  with  Latin,  French  and  Spanish  maledictions,  and 
sprinkled  with  specimens  of  the  various  Indian  dialects,  a 
resolution  was  almost  unanimously  passed  appointing  Sherrard 
to  the  office  of  sheriff  of  Douglas  county,  and,  as  such,  legal 
izing  all  his  acts,  despite  the  petitions  of  citizens,  the  protest 
of  the  county  board,  or  the  refusal  of  the  governor  to  commis 
sion.  The  Council  failed  to  concur  with  this  resolution  of 
the  House  of  Representatives,  and  it  was,  therefore,  of  no 
avail. 

This  refusal  on  the  part  of  the  Council  excited  the  evil  pas 
sions  of  Sherrard  to  a  most  terrible  extent.  He  was  like  an 
untamed  hyena,  and  ready  to  quarrel  with  and  assail  any  one 
who  in  the  slightest  measure  opposed  his  will.  His  threats 
against  the  governor  were  made  wherever  he  went.  Meeting 
Mr.  John  A.  W.  Jones,  a  member  of  the  governor's  house 
hold,  and  a  remarkably  peaceable  man,  of  slight  physical 
frame,  and  without  arms  with  which  to  defend  himself,  Sher 
rard  assailed  and  struck  him,  -without  the  slightest  shadow  of 
provocation. 

The  next  day,  whilst  sitting  in  one  corner  of  a  public  sa 
loon,  between  David  Johnson,  his  counsellor,  and  Captain 
Martin,  of  the  Kickapoo  Rangers,  both  members  of  the  Legis- 


232  HISTORY  OF  KANSAS. 

lature,  he  saw  the  governor's  private  secretary  on  the  opposite 
side  of  the  room,  and  called  him  over,  when  he  attempted  to 
create  a  quarrel  by  attacking  the  official  character  of  the  go 
vernor.  The  secretary  declined  entering  into  the  controversy, 
had  turned  and  was  about  to  leave,  and  notwithstanding  he 
was  unarmed  and  extremely  feeble  from  a  recent  accident, 
Sherrard  sprang  to  his  feet  and  struck  him  upon  the  cheek, 
and  seizing  the  handle  of  his  pistol,  dared  him  to  resent  the 
blow.  This  was  southern  chivalry — the  courage  of  cowardice. 
The  secretary  told  him  that  had  he  not  known  he  was  unarm 
ed,  the  insult  would  not  have  been  oifered.  There  were  a 
number  of  persons  present,  and  Sherrard's  friends,  perceiving 
they  were  in  the  minority,  forced  him  from  the  room.  The 
news  of  this  outrage  soon  spread  through  the  town,  and  con 
siderable  excitement  ensued.  A  Peunsylvanian,  named  McDo 
nald,  who  had  done  good  service  in  the  Mexican  war,  hearing 
of  the  affair,  went  in  search  of  and  found  Sherrard,  and  in 
quired  of  him  what  the  disturbance  meant.  Sherrard  immedi 
ately  replied,  somewhat  boastingly,  that  he  had  struck  the 
governor's  private  secretary. 

"  Then,"  said  McDonald,  fixing  his  keen  eye  upon  him, 

and  laying  his  hand  upon  his  pistol,  "  you  did  a  d d  cow- 

urdly  act !" 

The  other  quailed  beneath  the  fiery  glance,  and  coweringly 
sneaked  into  the  door  of  the  nearest  groggery,  followed  to  its 
threshold  by  a  willing  adversary  who  was  in  all  respects  his 
equal.  Here  he  was  among  his  associates,  and  was  soon  after 
heard  to  boast  that  he  had  struck  two  of  the  governor's  house 
hold,  and  his  next  blow  would  be  at  the  governor  himself. 


ATTEMPT  AT  ASSASSINAT»|J  JJ  T  Tf  1?  {J3& 


CHAPTER  XXXVIII. 

Shorrard's  abettors — Attempt  to  assassinate  Governor  Geary — Action  of 
the  legislature — Conduct  of  Judge  Cato — Public  indignation  meetings — 
Outrage  at  a  Lecompton  meeting,  resulting  in  the  shooting  and  death  of 
Sherrard. 

ALTHOUGH  Sherrard  possessed  passions  that  were  uncon 
trollable  when  once  aroused,  and  was  constantly  committing 
acts  of  violence  for  which  there  could  be  no  reasonable  excuse, 
he  was  less  reprehensible  than  certain  prominent  parties  in 
Lecompton,  who,  having  discovered  his  temper,  used  him 
simply  as  a  cat's-paw  to  consummate  some  of  their  most 
iulamous  designs.  Their  cool  and  calculating  brains  conceived 
the  deeds,  which  his  irritable  disposition  could  easily  be 
provoked  to  perpetrate. 

On  the  night  of  the  assault  upon  the  governor's  secretary, 
there  was  a  jollification  in  the  office  of  the  surveyor-general, 
and  many  were  the  surmises  as  to  the  final  result  of  that  affair. 
Sherrard  was  present,  and  so  were  Sheriff  Jones,  and  A.  W. 
Jones,  of  the  Lecompton  Union,  and  Surveyor  Calhoun,  his 
clerk  Maclean,  and  Gen.  Geo.  W.  Clarke.  They  had  a  merry 
time  that  night.  The  governor,  they  exultingly  maintained, 
could  not  help  but  understand  that  these  abuses  of  his 
subordinates  were  nothing  more  than  intended  insults  to 
himself;  and  if  repeated,  he  could  not  otherwise  than  attempt 
to  resent  them,  and  then  his  doom  was  sealed.  So  reasoned 
the  conspirators ;  and  as  the  room  grew  thick  with  clouds  of 
smoke  from  the  clay  pipes,  and  the  heads  of  the  party  still 
thicker  with  the  frequent  potations  from  the  whiskey  bottle, 
the  unfortunate  man  who  was  to  do  their  villanous  work  and 
become  their  victim  was  instigated  to  attempt  the  commission 
of  a  crime  which,  had  it  succeeded,  would  have  involved  the 
country  in  a  bloody  civil  war. 

On  Monday  morning,  February  9th,  accompanied  by  Dr. 
Gihon  and  Richard  McAllister,  Esq.,  the  governor  visited 
successively  the  Supreme  Court,  the  Council,  and  the  House 
of  Representatives,  all  of  which  were  in  session.  As  they 
passed  into  the  latter  hall  and  took  their  seats  within  the  bar 
among  the  members,  Sherrard,  who  occupied  a  seat  in  one 
corner  of  the  room,  unseen  by  the  governor,  was  observed  to 
20* 


234  HISTORY  OF  KANSAS. 

manifest  a  strange  uneasiness  of  manner,  and  with  a  heavy 
scowl  upon  his  countenance,  and  muttering  some  unintelligible 
words,  he  suddenly  arose  and  quitted  the  apartment.  The 
governor  remained  a  half-hour  or  more,  and  then  took  his 
leave.  As  he  was  about  to  step  from  the  main  hall  into  the 
adjoining  ante-room,  Sherrard  stood  in  the  door,  having  gone 
off  and  procured  an  extra  pistol  to  the  one  he  usually  wore, 
both  of  which,  contrary  to  his  custom,  he  had  placed  conve 
niently  in  a  belt,  buckled  on  the  outside  of  all  his  clothing. 
In  his  breast  he  also  carried  a  huge  bowie-knife.  Before  the 
governor  had  closed  the  door,  Sherrard  accosted  him  with 

"You  have  treated  me,  sir,  like  a  d d  scoundrel."     The 

governor  passed  on  without  noticing  the  man,  much  less  his 
opprobrious  salutation.  Mr.  McAllister  followed,  and  as  they 
passed  toward  the  outer  door,  his  person  interposed  between 
that  of  Sherrard  and  the  governor.  Dr.  Gihon  was  the  last  to 
leave  the  hall  and  enter  the  ante-room,  when  he  saw  Sherrard 
spitting  after  the  governor,  at  the  same  time  uttering  oaths 
and  threats  of  defiance,  his  right  hand  firmly  grasping  one  of 
the  pistols  in  his  belt.  Adjoining  the  ante-room  was  another 
small  room,  the  door  of  which  was  partially  opened,  and  there 
stood  several  ruffians  who  had  been  apprised  of  the  intended 
assassination,  and  were  ready  to  take  their  part  in  the  bloody 
work.  The  governor  and  his  friends  were  unarmed.  Had  he 
halted  to  speak  to  Sherrard,  or  turned  upon  him,  or  in  any 
possible  way  given  an  excuse  for  the  deed,  he  would  have 
been  shot  down  like  a  dog,  and  himself  and  companions 
riddled  with  balls ;  and  the  murderers  only  would  have  been 
left  to  tell  the  story  and  justify  their  infamous  crime.  To  the 
presence  of  mind  and  cool  courage  of  the  governor,  who  was 
then  in  as  great  peril  as  he  ever  had  been  on  the  field  of 
battle,  does  he  owe  his  life.  The  ante-room  is  in  the  second 
story  of  the  building,  the  stairs  leading  to  the  ground  being 
on  the  outside,  and  as  the  governor  descended,  Sherrard  stood 
upon  the  platform  above,  with  pistol  in  hand,  hesitating 
whether  even  yet  to  fire  or  not.  He  followed  on,  and  did  not 
abandon  his  purpose  until  the  length  of  the  building  was  tra 
versed,  when  pronouncing  an  audible  oath,  he  turned  off  and 
took  a  different  direction.  In  a  few  moments  after,  he  was 
closeted  with  his  abettors  and  instigators  in  the  office  of  the 
surveyor-general.  It  would  be  no  difficult  matter  to  prove  that 
the  extra  pistol  provided  for  this  and  a  subsequent  occasion 
was  borrowed  for  the  purpose  by  a  prominent  member  of  that 


CONDUCT  OF  JUDGE  CATO.  235 

establishment.  The  governor  and  his  party  proceeded  directly 
to  the  executive  office  without  naming  this  occurrence.  Shcr- 
rard,  on  the  other  hand,  stopped  all  he  met,  and  boasted  that 
he  had  endeavored,  but  without  success,  to  provoke  the 
governor  to  a  quarrel,  by  spitting  in  his  face. 

Without  any  further  information  on  the  subject  than  was 
gained  from  Sherrard  and  his  accomplices,  the  House  of 
Representatives,  upon  whose  floor  the  outrage  and  attempted 
assassination  occurred,  immediately  took  up  the  subject.  A 
conservative  member  offered  a  resolution,  mildly  condemnatory 
of  the  conduct  of  the  governor's  assailant,  in  doing  which  he 
raised  a  most  terrible  storm.  The  resolution  met  with  such 
violent  opposition,  and  drew  forth  such  vindictive  denunciations 
against  the  governor,  that  the  mover  deemed  it  expedient  to 
withdraw  it.  Joseph  C.  Anderson,  a  member  from  Missouri, 
maintained  that  the  governor  had  no  business  in  the  halls  of 
the  legislature,  and  that  he  should  confine  himself  to  his 
executive  office;  whilst  Johnson  affirmed  that  he  knew  the 
assault  was  to  be  made,  but  did  not  think  proper  to  interfere, 
as  he  did  not  consider  it  any  of  his  business.  The  Council, 
however,  passed  a  vote  of  censure  against  Sherrard.  So 
evident  was  the  disposition  of  many  of  the  members  of  the 
lower  house  to  encourage  these  scenes  of  outrage,  that  the 
governor's  private  secretary,  whose  business  required  him  to 
visit  the  hall  at  least  once  every  day,  refused  to  perform  that 
duty  without  being  allowed  to  carry  weapons,  contrary  to 
former  instructions,  and  having  the  attendance  of  an  armed 
United  States  soldier. 

The  governor  summoned  Judge  Cato  to  his  office  to  consult 
him  in  regard  to  Sherrard's  conduct;  but  the  judge  seemed  to 
think  the  matter  of  too  little  importance  to  receive  any  serious 
attention,  as  such  outrages  were  beyond  the  pale  of  the  law, 
there  being  no  statute  by  which  they  could  be  punished. 
Other  counsels  prevailed  at  the  time,  and  an  affidavit  was  made 
out,  setting  forth  the  assaults  made  by  Sherrard  on  several 
different  persons,  upon  which  a  warrant  was  drawn  for  the 
purpose  of  arresting  the  offender  and  putting  him  under  bonds 
to  keep  the  peace.  This  warrant  was  unserved  for  two  days, 
during  which  time,  Sherrard,  as  usual,  occupied  an  almost 
constant  place  in  the  House  of  Representatives.  A  messenger 
was  at  length  sent  to  the  judge,  requesting  him  to  have  the 
warrant  executed  at  once,  who  found  Cato  within  the  bar  of 
the  house,  together  with  Sherrard  and  S.  J.  Jones,  who,  notwith- 


236  HISTORY  OF  KANSAS. 

standing  bis  pretended  resignation,  has  always  continued  to 
exercise  the  functions  of  his  office.  Cato  said  the  marshal 
was  absent,  and  the  writ  could  not  therefore  be  served.  This 
was  clearly  the  duty  of  Sheriff  Jones,  then  in  the  company  of 
the  accused  and  the  judge.  Discovering  his  entire  indisposi 
tion  to  have  any  legal  action  in  the  matter,  the  governor  ob 
tained  and  destroyed  the  warrant,  and  took  no  further  notice 
of  the  subject. 

Not  so  the  people.  An  intense  excitement  pervaded  all 
peaceable  classes.  The  prophecies  and  threats  of  the  assas 
sination  of  the  governor,  which  had  of  late  been  freely  made 
and  treated  with  ridicule,  had  begun  to  assume  a  somewhat 
serious  aspect.  It  was  known  on  every  hand  that  Sherrard,  in 
this  whole  affair,  was  but  the  tool  of  others.  Of  this,  there 
was  no  longer  room  for  doubt.  Citizens  from  different  neigh 
borhoods,  irrespective  of  party,  thronged  the  executive  office 
to  offer  their  services.  Indignation  meetings  were  held  in 
various  sections  of  the  country,  and  resolutions  condemning 
the  recent  assault  were  passed  with  great  unanimity  and  sent 
to  the  governor.  Of  these  the  following  is  a  specimen  of 
many  that  were  received : — 

11  In  view  of  the  late  gross  insult  offered  to  the  Governor  of 
the  Territory,  and  in  view  of  the  action  taken  by  the  House  of 
llepreseutatives  virtually  approving  the  deed,  and  in  view  of 
the  general  course  and  policy  of  the  Legislature, in  opposing 
the  measures  recommended  by  Governor  Geary: 

"  We,  the  citizens  of  Big  Springs,  in  a  public  meeting 
called  for  the  purpose,  and  held  on  the  night  of  February  llth, 
do  most  heartily 

"  Resolve :  That  we  regard  the  late  insult  upon  the  person 
of  the  governor,  its  endorsement  by  the  House,  and  the  con 
tinued  indignities  heaped  upon  him  and  his  officials  by  the 
Legislature,  as  well  as  by  certain  individuals,  as  most  gross  and 
ruffianly,  and  worthy  of  the  denunciation  of  every  honorable 
and  high-minded  citizen  in  the  territory.  And  we  do  further 

"  Resolve,  That  Governor  Geary,  in  his  general  course  of 
policy,  has  our  hearty  approval;  and  in  carrying  out  the  tone 
and  spirit  of  his  late  message,  he  will  have  our  earnest  support 
and  co-operation. 

"  Resolved,  also,  That  we  denounce  the  present  Legislature 
as  insurrectionary,  and  its  spirit  detrimental  to  the  true  inte 
rests  of  Kansas;  not  by  any  means  overlooking  some  good 


INDIGNATION  MEETING.  237 

men  associated  with  that  body,  who  labor  hard  to  effect  a 
beneficent,  legislation.  These  men  have  our  gratitude;  while 
we  regard  the  majority  as  false  to  the  true  interests  of  the 
country,  false  to  the  Union,  and  false  to  the  Governor,  whom 
it  is  their  duty  to  support  and  aid  in  the  settlement  of  the 
difficulties  of  the  territory.  And 

"  Resolved,  finally,  That  We  tender  to  Governor  Geary  our 
sympathies  as  well  as  our  support  and  co-operation,  and  pledge 
him,  to  the  extent  of  our  power,  all  the  assistance  in  this 
emergency  that  he  may  ask  of  us,  feeling  very  confident  that 
the  honest  heart  and  powerful  arm  of  every  freeman  in  Kansas 
will  be  ready  at  once  to  respond  most  cheerfully  to  these  our 
sentiments." 

Indeed,  so  exasperated  were  very  many  well-disposed  citi 
zens,  that  had  it  not  been  for  the  opposition  of  the  governor 
to  their  wishes  and  intentions,  summary  punishment  would 
have  been  inflicted  upon  Sherrard,  the  Lecompton  Union  office 
would  have  been  tumbled  into  the  Kansas  River,  and  the  Legis 
lative  Assembly  hastily  expelled  from  the  town.  There  were 
men  ready  and  anxious  to  do  this  work;  but  the  executive, 
learning  their  intentions,  took  proper  measures  to  prevent  its 
accomplishment. 

A  call  was  published  for  a  meeting  of  the  citizens  of  Le 
coiuptoii,  and  vicinity,  to  be  held  on  Saturday  afternoon,  the 
14th  of  February,  to  publicly  express  their  views  regarding 
the  recent  outrage.  Sherrard  and  his  friends  (the  most  pro 
minent  among  them  being  Sheriff  Jones,  Bennett,  of  the 
Union,  Maclean  and  Clarke)  threatened  to  break  this  meeting 
up  with  violence,  and  prepared  themselves  accordingly.  Just 
about  the  time  it  was  assembling,  it  was  announced  that  General 
Win.  P.  Richardson,  formerly  commander  of  the  militia,  and 
a  member  of  the  Council,  had  died,  and  the  meeting  was  con 
sequently  adjourned  until  the  following  Wednesday,  the  18th, 
at  two  o'clock. 

This  announcement  created  considerable  commotion,  and  the 
parties  above-named  declared  in  the  streets  and  grog-shops, 
with  many  profane  oaths  that  a  respectable  compositor  would 
not  wish  to  put  in  type,  even  should  they  be  presented  in  this 
manuscript,  that  no  such  meeting  should  be  held  in  Lecompton. 
Still  the  meeting  was  held.  Before  the  hour  specified,  num 
bers  of  persons  came  pouring  in  from  the  surrounding  country; 
and  it  was  soon  discovered  that  Brooke's  Hotel,  where  the 


238  HISTORY  OF  KANSAS. 

assembly  was  to  have  met,  was  too  small  to  accommodate  half 
the  persons  present,  and  it  was  therefore  adjourned  to  Capitol 

inn. 

Just  before  the  time  appointed  for  organization  arrived, 
those  who  had  threatened  to  disperse  the  meeting  by  violence, 
discovered  that  they  were  so  largely  in  the  minority  that  the 
undertaking  was  to  be  attended  with  far  more  difficulty  and 
danger  than  they  had  imagined  possible.  Yet,  ashamed  to 
shrink  from  the  position  they  had  assumed,  they  were  some 
what  at  their  wits'  end.  In  their  extremity,  they  sought  Judge 
Cato,  who,  with  a  man  named  Boling,  formerly  a  member  of 
Captain  Emory's  company  at  Leavenworth,  was  deputed  to 
call  on  the  governor,  to  induce  him  to  interpose  his  power  to 
prevent  the  citizens  from  assembling. 

Having  listened  to  Judge  Cato's  representation  that  certain 
parties  had  determined  to  create  a  breach  of  the  peace,  should 
the  meeting  be  held,  and  that  bloodshed  would  probably  be  the 
result,  the  governor  inquired  of  the  judge,  who  were  the  par 
ties  that  were  threatening  to  deny  the  people  by  violence  and 
bloodshed  the  right  peaceably  to  assemble  and  express  their 
opinions'/  u  If,"  asked  his  excellency,  "  you  know  of  persons 
thus  contemplating  a  breach  of  the  peace,  is  it  not  your  duty  to 
have  legal  process  issued  against  them,  and  proper  measures 
thus  taken  to  prevent  the  consummation  of  their  evil  designs  ? 
So  far  as  I  am  concerned,"  continued  he,  "  I  have  no  right 
whatever  to  step  in  between  the  people  and  the  exercise  of  their 
constitutional  privilege  to  meet  together  peacefully,  to  express 
their  opinions  upon  what  they  consider  subjects  of  public  in 
terest.  I  know  not  the  objects  of  this  meeting.  The  call  is 
for  citizens  without  distinction  of  party,  to  assemble  for  the 
purpose  of  giving  their  views  concerning  the  recent  outrage 
upon  the  governor  and  the  conduct  of  his  administration.  It 
would  ill  become  me  to  interfere  with  such  a  meeting.  The 
object  may  be  to  condemn  my  own  course  of  action.  Shall  I 
assume  the  part  of  a  tyrant,  and,  in  violation  of  my  oath  of 
office,  and  my  sense  of  right  and  justice,  say  to  these  people, 
you  shall  not  assemble  for  such  a  purpose  ?  No,  gentlemen ; 
the  act  would  no  sooner  be  accomplished  than  you,  would  be 
among  the  first  to  assail  me  for  an  assumption  of  arbitrary 
power,  and  use  my  unlawful  procedure  as  a  pretext  to  do  me 
injury." 

Cato  hung  his  head  with  shame,  acknowledged  the  truth  of 


BENNETT'S  SPEECH.  239 

the  governor's  positions,  and  took  his  leave,  remarking,  "  1 
never  before  felt  so  much  like  a  fool !" 

The  meeting  assembled  at  two  o'clock.  Nearly  four  hun 
dred  persons  were  in  attendance,  composed  of  all  classes  of  the 
community,  and  was  organized  by  the  appointment  of  Owen 
C.  Steward,  Mayor  of  Lecompton,  a  pro-slavery  nan,  as  chair 
man.  A  committee  of  five  was  then  appointed  to  draft  reso 
lutions  expressive  of  the  sense  of  the  meeting,  who  having 
retired,  Captain  L.  J.  Hampton,  also  pro-slavery,  made  a  very 
mild  and  sensible  address,  which  was  received  with  universal 
approbation.  Having  concluded,  R.  P.  Bennett,  junior  editor 
of  the  Union,  obtained  the  stand.  He  had,  in  order  to  screw 
up  his  courage  to  the  sticking  point,  poured  down  such  liberal 
quantities  of  Thompson's  vitriolic  whiskey,  that  it  required 
some  considerable  effort  to  keep  his  feet,  for,  in  the  language 
of  the  Psalmist,  "  he  reeled  to  and  fro,  and  staggered  like  a 
drunken  man!"  Bennett's  speech  was  a  gem.  It  was  well 
known  by  all  present  that  his  object  was  to  create  a  disturb 
ance,  and  it  was  therefore  resolved  to  pay  no  serious  attention 
to  anything  he  should  say  or  do,  as  he  was  considered  a  mere 
boyish  tool,  and  too  insignificant  of  himself  to  merit  especial 
notice.  Hence  he  was  permitted  to  amuse  the  assembly 
whilst  waiting  for  the  return  of  the  committee. 

"  I  tell  you,"  said  Bennett,  "this  meetin'  is  not  a  meetin' 
of  gen'lemen — (hie).  It  aiiit  the  law  'd  order  party — (hie) — 
that's  sure." 

His  tongue  was  as  thick  as  his  brain  was  addled,  and  his 
words  were  chopped  off  very  often  in  the  middle. 

"  I  say — I  tell  yer — (hie) — this  meetin's  the  rag — (hie) — 
the  rag- tail  and  the  bob-tail — (hie) — of  the  ab'lishonists — 
that's  what  I — (hie) — what  I  tell  yer,  and  by  G — d,  I  know 
it!" 

As  Bennett  halted  for  breath,  the  boys  cried  out,  "Go  it, 
Bennett ;  that's  the  way  to  talk  !"  "  You're  one  of  the  ora 
tors — you  are!"  "Have  a  little  more  whiskey,  Bennett  I" 
"  Why  don't  you  pitch  into  the  governor?" 

"  1  tell  yer,"  continued  the  speaker, "  Sherrard  is — (hie) — so 
he  is,  by  G — d,  the  soul  of — (hie) — chiv'Pry,and  it's  a  pity  he 
did'nt — (hie) — yes  it  is — for  d — n  Governor  Geary — (hie) — . 
Them's  my  sentiments,  and  I  don't  kere  a  d — n  who  knows 
it!" 

Whilst  the  speaker  was  proceeding  in  this  strain,  a  majority 
of  the  committee  announced  that  they  were  ready  to  report. 


240  HISTORY  OF  KAJsTSAS. 

The  minority  had  not  agreed  with  them,  because  their  resolu 
tions  did  not  directly  denounce  the  violent  conduct  of  Sher- 
rard  and  his  abettors,  and  they  were  still  engaged  in  prepar 
ing  resolutions  for  that  purpose.  The  report  of  the  majority 
was  then  read,  as  follows  : 

"  BELIEVING,  with  the  framers  of  the  Constitution  of  our 
country,  in  *  the  freedom  of  speech  and  the  right  of  the  people 
peaceably  to  assemble'  and  express  their  opinions  upon  all 
subjects  of  interest  to  themselves, 

"  We,  the  citizens  of  Lecornpton  and  vicinity,  without  dis 
tinction  of  party,  in  view  of  the  recent  personal  assault  upon 
our  worthy  executive,  for  an  act  done  in  his  official  capacity, 
and  fully  justified  by  all  the  circumstances,  and  necessary  to 
preserve  the  peace  of  the  territory  and  the  rights  of  the  people, 
in  public  meeeting  assembled,  do  hereby 

"  Resolve :  That  we  express  our  unqualified  approbation  of 
Governor  Geary's  official  action ;  that  to  his  impartial  and  vig 
orous  administration  we  are  pleased  to  attribute  the  present 
peace  and  prosperity  of  the  territory,  and  that  we  believe  he 
has  not  only  saved  us  from  unfortunate  and  destructive  domes 
tic  feuds,  but  has  also  preserved  the  Union  from  a  bloody  civil 
war. 

"  Resolved,  That  we  cordially  adopt,  and  will  cheerfully 
maintain,  the  sterling  principles  proclaimed  by  Governor  Gea 
ry's  message  to  the  legislature,  and  that  the  following  platform, 
extracted  therefrom,  is  so  admirably  adapted  to  the  present 
condition  of  Kansas,  that  we  will  maintain  it  at  all  hazards 
with  our  lives  and  property : — 

"  'Equal  and  exact  justice'  to  all  men,  of  whatever  political 
or  religious  persuasion;  peace,  comity  and  friendship  with 
neighboring  states  and  territories,  with  a  sacred  regard  for 
state  rights,  and  reverential  respect  for  the  integrity  and  per 
petuity  of  the  Union ;  a  reverence  for  the  Federal  Constitution 
as  the  concentrated  wisdom  of  the  fathers  of  the  republic,  and 
the  very  ark  of  our  political  safety ;  the  cultivation  of  a  pure 
and  energetic  nationality,  and  the  developmentfof  an  excellent 
and  intensely  vital  patriotism  ;  a  jealous  regard  for  the  elective 
franchise,  and  the  entire  security  and  sanctity  of  the  ballot- 
box  ;  a  firm  determination  to  adhere  to  the  doctrines  of  self- 
government  and  popular  sovereignty  as  guaranteed  by  the  Or 
ganic  Law;  unqualified  submission  to  the  will  of  the  majority; 
the  election  of  all  officers  by  the  people  themselves ;  the  su- 


VIOLENT  ASSAULT  BY  6HERRARD.  241 

premacy  of  the  civil  over  the  military  power ;  strict  economy  in 
the  public  expenditures,  with  a  rigid  accountability  of  all  public 
officers ;  the  preservation  of  the  public  faith,  and  a  currency 
based  upon,  and  equal  to,  gold  and  silver;  free  and  safe  im 
migration  from  every  quarter  of  the  country ;  the  cultivation 
of  a  proper  territorial  pride,  with  a  firm  determination  to 
submit  to  no  invasion  of  our  sovereignty ;  the  fostering  care 
of  agriculture,  manufactures,  mechanic  arts,  and  all  wcrks  of 
internal  improvement ;  the  liberal  and  free  education  of  all  the 
children  of  the  territory ;  entire  religious  freedom  ;  a  free  press, 
free  speech,  and  the  peaceable  right  to  assemble  and  discuss 
all  questions  of  public  interest;  trial  by  jurors  impartially  se 
lected  ;  the  sanctity  of  the  Habeas  Corpus ;  the  repeal  of  all 
laws  inconsistent  with  the  Constitution  of  the  United  States 
and  the  Organic  Act,  and  the  steady  administration  of  the 
government  so  as  best  to  secure  the  general  welfare/ 

"  Resolved,  That  we  hereby  tender  Governor  Geary,  the 
people's  friend,  our  earnest  sympathy  in  the  discharge  of  his 
responsible  duties,  and  we  pledge  him  the  support  of  all  the 
actual  bona  fide  settlers  of  Kansas,  without  distinction  of 
party,  so  long  as  he  shall  continue  to  administer  the  govern 
ment  upon  the  principles  above  declared. 

JAS.  H.  LEGATE, 
JAS.  G.  BAILEY, 
W.  ESLEY  GARRETT." 

No  sooner  were  these  resolutions  read,  than  Sherrard  sprang 
upon  a  pile  of  boards,  and  in  a  loud  voice  exclaimed  : 

"  Any  man  who  will  dare  to  endorse  these  resolutions,  is  a 
liar,  a  scoundrel,  and  a  coward !" 

His  manner  was  highly  excited.  He  wore  a  large  bowie- 
knife  and  two  six-shooters  in  his  belt,  one  of  which  had  been 
borrowed  by  Maclean,  for  Sherrard's  use,  of  an  Englishman, 
also  employed  in  the  surveyor-general's  office.  A  Mr.  Shep- 
pard,  living  near  Lecompton,  and  who  stood  in  the  midst  of 
the  crowd,  quietly  remarked: 

"  I  endorse  them,  and  am  neither  a  liar,  a  scoundrel,  nor  a 
coward !" 

Whereupon  Sherrard  drew  a  revolver,  and  fired  all  the  loads 
as  rapidly  as  he  could  pull  the  trigger,  aiming  at  Sheppard, 
though  endangering  the  lives  of  others.  Three  balls  took 
effect  on  Sheppard,  and  a  fourth  slightly  wounded  abother  per 
son.  As  soon  as  Sherrard  commenced  firing,'  Sheppard  pulled 
21  Q 


242  HISTORY  OF  KANSAS. 

off  his  gloves,  and  attempted  to  return  the  shots  ;  but  his  caps 
bointi;  wet,  burst  without  discharging  the  loads  ;  and  seeing  that 
Sherrard  was  about  to  draw  his  other  pistol,  he  clubbed  his  re 
volver,  rushed  toward  Sherrard  and  struck  at  him  with  the  butt, 
Sherrard  not  having  an  opportunity  to  fire,  returning  his 
blows  in  a  similar  manner.  They  were  separated,  and  Shep- 
pard  was  removed,  severely,  and  it  was  then  supposed,  mor 
tally  wounded.  WHlst  Sherrard  was  firing,  some  dozen  or 
more  shots  were  fired  by  other  parties,  none  of  which  seem  to 
have  taken  effect. 

Shakspeare  relieved  the  heaviness  of  his  tragedies  by  the 
introduction  of  comic  scenes ;  and  this  tragedy  in  real  life  was 
not  without  its  laughable  incidents,  liennett,  who  was  one  of 
the  chief  instigators  of  the  mischief,  and  the  loudest  of  all 
who  boasted  to  break  up  the  meeting,  no  sooner  heard  a  pistol 
fired,  than  he  was  galvanized  from  a  death  of  drunkenness  to 
a  life  of  sobriety.  There  are  numerous  instances  on  record 
where  men  have  died  of  fright,  but  none  where  fear  has 
brought  the  dead  to  life  again.  Bennett  did  not  stop  to  see 
the  effect  of  the  tiring ;  but,  upon  the  principle  of  "  self- 
preservation,"  he  immediately  took  to  his  heels ;  and  never 
did  a  pedestrian  make  better  time.  His  speed  was  that  of  a 
greyhound;  his  coat-tail  standing  out  behind,  scarcely  able  to 
keep  up  with  the  wearer ;  and  his  path  was  as  straight  as  the 
flight  of  an  arrow;  nor  did  he  stop  to  take  breath,  as  his 
workmen  averred,  until  he  had  safely  ensconsed  himself  be 
hind  an  iron  press,  in  his  printing  office,  at  the  extreme  end 
of  the  town.  He  did.  not  make  his  appearance  again  until  a 
few  days  afterwards  he  issued  a  circular  for  foreign  use,  which 
was  so  grossly  false  in  all  its  statements,  that  its  circulation 
was  suppressed  among  the  people  who  were  actually  cognisant 
of  the  facts.  A  company  of  Mississippians,  who  were  quar 
tered  near  by,  also  ran  away,  to  procure  their  rifles,  as  they 
said,  but  very  prudently  neglected  to  return  to  the  scene  of 
disturbance. 

Another  amusing  circumstance  occurred  during  these  se 
rious  disturbances.  An  old  man,  over  seventy  years  of  age, 
named  Thomas  W.  Porterfield,  was  among  the  crowd.  He 
was  one  of  the  prisoners  taken  at  Hickory  Point,  but  had  been 
discharged.  Seeing  Sheriff  Jones  with  a  pistol  in  his  hand, 
old  Portertield  deliberately  took  off  his  spectacles,  and  pulling 
out  his  pocket  handkerchief,  wiped  them  carefully  and  again 
adjusted  them.  He  theu  drew  a  navy  revolver,  and  having 


SHOOTING  AND  DEATH  OF  SUERRARD.         243 

examined  the  caps,  placed  the  barrel  upon  his  left  arm,  and 
took  precise  aim  at  Sheriff  Jones,  waiting  for  him  to  give  the 
first  shot.  As  the  sheriff  moved  about,  the  old  man  steadily 
eyed  him,  keeping  his  pistol  all  the  time  properly  aimed.  Not 
withstanding  his  advanced  age,  Porterfield  is  said  to  be  a  dead 
shot,  and  it  is  probable  that  Sheriff  Jones  was  never  in  so-great 
danger  of  being  hurried  into  eternity  as  at  that  moment.  Had 
he  fired  his  pistol,  a  bullet  from  that  of  the  old  man  would 
have  sent  him  to  his  last  account. 

No  sooner  was  Sheppard  taken  off  than  Sherrard  seized  his 
other  pistol  and  advanced,  with  finger  on  the  trigger,  toward 
John  A.  W.  Jones,  the  young  man  whom  he  had  assaulted  a 
few  days  before,  when  Jones,  perceiving  his  danger,  also 
drew.  Several  shots  were  then  simultaneously  fired,  and  Sher- 
r;ird  fell,  mortally  wounded.  One  ball  had  struck  him  in  the 
forehead,  penetrating  the  brain,  and  another  had  grazed  his 
side.  Who  fired  the  fatal  shot,  it  would  be  impossible  to  de 
termine  with  certainty,  though  Jones  was  accused  by  the 
friends  of  Sherrard,  and  immediately  secured  by  Sheriff  Jones, 
who  had  taken  an  active  part  in  the  disturbance,  who  went 
there  with  that  avowed  purpose,  accompanied  by  Sherrard,  and 
who  is  alleged  to  have  fired  his  pistol.  A  hue  and  cry  was 
raised  to  hang  young  Jones;  but  his  friends  were  too  nume 
rous,  and  an  attempt  to  have  done  so  would  have  been  attend 
ed  with  rather  serious  consequences. 

The  fall  of  Sherrard  put  an  end  to  the  riot.  The  rioters 
had  lost  their  leader,  and  there  was  no  one  left  among  them 
sufficiently  bold  and  desperate  to  take  his  place ;  and  to  this 
fact  may  be  attributed  the  defeat  of  a  well-contrived  scheme 
to  again  involve  the  entire  community  in  a  destructive  strife. 
This  matter  had  long  been  in  agitation,  and  Sherrard  was  the 
chosen  instrument  to  accomplish  the  mischievous  purpose.  His 
fall  put  an  end  to  the  plot,  and  saved  many  a  valuable  life. 
He  died  early  on  the  following  Saturday  morning,  and  his 
remains  were  removed  to  Winchester,  Va.,  the  residence  of 
his  father,  who  is  reputed  a  highly  respectable  gentleman. 
His  son,  naturally  of  uncontrollable  temper,  unfortunately  fell 
into  bad  hands,  and  was  the  victim  of  evil  advisers,  who,  after 
his  death,  were  among  the  first  to  screen  themselves  from 
censure  by  accusing  him  of  insane  impetuosity. 

Deputy-Marshal  Samuel  Cramer  busied  himself  running 
among  the  groggeries,  vaporing  that  he  intended  to  shoot  the 
young  assassin  Jones,  at  sight;  and  five  hundred  dollars  re- 


244  HISTORY  OP  KANSAS. 

ward  was  offered  by  other  parties  to  any  person  who  should 
kill  him.  But  neither  Cramer  nor  any  other  person  in  Le- 
compton  was  willing  to  hazard  so  dangerous  an  undertaking. 
Jones  was  truly  in  the  hands  of  his  enemies }  but  he  was  sur 
rounded  by  friends  sufficiently  numerous  to  guard  him  against 
personal  harm.  He  appeared  before  Judge  Cato,  for  a  hear 
ing  on  the  charge  of  shooting  Sherrard,  who  pronounced  a 
decision  against  him  in  insulting  terms,  before  the  first  witness 
had  spoken  a  hundred  words.  Jones,  perceiving  that  justice 
in  Lecompton  was  blind,  and  that  his  life  there  was  in  jeopardy, 
entered  bail  in  the  sum  of  five  thousand  dollars,  crossed  the 
river,  procured  a  guide  and  a  mule,  passed  up  through  the 
northern  portion  of  the  territory  into  Nebraska,  and  safely 
reached  his  home  in  Pennsylvania.  In  the  mean  time,  a  party, 
supposing  he  would  take  the  river  route,  proceeded  to  Kansas 
City,  to  intercept,  seize  and  massacre  him ;  but,  being  foiled 
in  not  finding  their  intended  victim,  returned  with  no  little 
chagrin  to  Lecompton. 


CHAPTER  XXXIX. 

How  the  pro-slavery  leaders  in  Lecompton  held  large  and  enthusiastic 
town  meetings — Incendiary  meeting  at  Lecompton — Calhoun's  speech 
and  sentiments — The  Kansas  laws  not  created  to  punish  pro-slavery 
criminals. 

Two  or  three  evenings  after  the  occurrences  just  related, 
Maclean,  Bennett,  and  several  others,  met  together  in  the 
house  of  Sheriff  Jones,  and  concocted  a  series  of  resolutions, 
inflammatory  in  their  character,  and  immensely  laudatory  of 
Sherrard,  which  were  paraded  before  the  public  as  having 
been  adopted  at  a  large  and  respectable  meeting  of  the  citizens 
of  Lecompton. 

A  similar  meeting  was  held  at  Kansas  City,  by  Cramer, 
Anderson,  Crowder,  and  two  or  three  others,  who  accompanied 
the  body  of  Sherrard  to  that  place,  the  proceedings  of  which, 
being  almost  a  copy  of  those  published  at  Lecompton,  were 
inserted  in  the  Kansas  City  newspaper,  as  having  taken  place  at 
u  large  meeting  of  the  citizens,  not  over  a  half-dozen  of  whom 
were  present,  and  they  only  from  idle  curiosity.  These  meetings, 
or  pretended  meetings,  were  intended  to  create  an  excitement 


THE  WAY  TOWN  MEETINGS  WERE  HELD.  245 

among  pro-slavery  people  against  Governor  Geary,  and  to 
induce  southern  men  who  did  not  understand  the  modus 
operandi,  to  furnish  funds  for  the  support  of  certain  interested 
parties,  whose  advocacy  of  slavery  was  simply  a  matter  of 
personal  interest.  They,  however,  entirely  failed  of  the  desired 
effect,  and  as  soon  as  it  was  discovered  that  no  capital  couid  be 
made  out  of  his  death,  Mr.  Sherrard's  body  was  conveyed  to 
his  home,  and  his  pretended  friends  ascertained  that  he  had 
always  been  exceedingly  rash  and  imprudent. 

This  plan  of  holding  meetings  was  a  favorite  manoeuvre  of 
the  little  clique  of  pro-slavery  agitators  at  the  capital.  They 
numbered  not  over  a  dozen,  in  all.  Whenever  they  had  any 
mischievous  object  to  accomplish,  or  desired  to  produce  an 
impression  in  favor  of  their  cause  at  Washington  or  in  the 
south,  or  when  they  were  in  need  of  contributions  of  money, 
they  would  hold  a  meeting,  generally  in  the  office  of  the 
surveyor-general,  who  was  the  commander-in-chief  of  these 
little  innocent  political  schemes  and  operations.  General 
Clarke  was  always  an  active  participant.  Sheriff  Jones's 
presence  was  indispensable.  Judge  Cato  belonged  to  the 
coterie,  though  his  name,  for  prudential  reasons,  did  not  often 
appear.  Maclean  furnished  the  liquor  and  tobacco,  and  did 
the  small  work.  Bennett  and  Jones,  of  the  Union,  filled  up 
important  gaps.  This  brilliant  party  having  got  together, 
pipes  and  whiskey  were  supplied,  and  the  affairs  of  the  nation 
solemnly  discussed.  The  "  impartial  policy" of  Governor  Geary 
was  a  general  subject  for  denunciation.  The  magnificence  of 
the  slavery  cause  was  the  grand  matter  for  consideration — the 
means  to  rid  the  country  of  the  abolitionists,  the  principal 
object  of  the  deliberations.  The  best  method  of  obtaining 
liberal  supplies  from  the  south,  was  usually  discussed.  These 
meetings  wound  up,  after  the  production  of  a  grandiloquent 
preamble  and  flaming  resolutions,  which  graced  the  columns 
of  the  next  issue  of  the  Lecompton  Union,  with  the  announce 
ment  that  at  a  LARGE  MEETING  OF  THE  CITIZENS  OF  LECOMP- 
TON  AND  DOUGLAS  COUNTY,  HELD  ON  SUCH  AN  EVENING, 
the  following  resolutions  were  unanimously  adopted  with  great 
enthusiasm.  Gen'ls  Calhoun  and  Clarke  addressed  the 
meeting  with  their  usual  eloquence  and  power,  &c.,  &c.j  and 
yet,  notwithstanding  all  this  flourish  of  trumpets  and  beating 
of  drums,  the  citizens  of  Lecompton  were  as  innocent  of  the 
existence  of  any  such  meetings,  until  their  proceedings  were 


246  HISTORY  OF  KANSAS. 

thus  published,  as  were  the  inhabitants  of  Greenland  or  the 
south  pole. 

But  there  was  one  meeting  held  at  Lecompton,  of  which 
the  citizens  were  cognisant.  It  was  called  at  the  instance  of 
General  Calhoun,  and  for  the  express  purpose  of  denouncing 
Governor  Geary.  The  occasion  was  the  re-arrest  of  the 
murderer  Hays.  The  friends  of  the  governor,  though  a 
hundred  fold  more  numerous  than  the  agitators,  did  not  go  to 
this  meeting  with  knives,  pistols  and  guns,  to  break'  it  up. 
Nay,  the  most  respectable  portion  of  the  citizens  stayed  away, 
refusing  to  give  it  the  sanction  of  their  presence.  Judge  Cato 
did  not  even  call  upon  the  governor  with  the  information  that 
an  incendiary  gathering  was  to  take  place,  and  urge  the 
interposition  of  his  authority  to  prevent  it.  No !  this  was  a 
meeting  to  denounce,  not  approve,  the  policy  and  action  of  his 
excellency;  and  hence  it  was  right,  lawful,  just  and  proper 
that  it  should  be  held,  and  he  would  have  been  a  despot  of 
the  vilest  sort,  had  he  attempted  in  any  way  to  interfere. 
Some  impetuous  friends  of  the  governor,  indignant  at  the 
outrages  that  were  being  committed,  under  the  pretence  of 
"law  and  order,"  did,  it  is  true,  call  upon  him  and  solicit 
permission  to  throw  the  Lecompton  Union  into  the  river,  and 
drive  Calhoun  and  his  baud  of  conspirators  from  the  town ; 
but  they  were  severely  rebuked,  and  commanded  to  preserve 
the  peace. 

The  meeting  was  held  at  Brooke's  Hotel.  The  fire-eaters 
were  there  in  their  glory.  The  assembly  consisted  of  a  dozen 
or  more  of  these  and  the  attaches  of  the  surveyor-general's 
office.  Calhoun  was  the  spokesman  of  the  day,  and  was  in  a 
happy  vein.  His  sentiments  were  plainly  told.  There  was 
no  attempt  at  disguise.  The  "impartial"  policy  of  the 
governor  was  denounced  in  unmeasured  terms.  It  was  never 
intended  that  free-state  and  pro-slavery  men  should  be  placed 
upon  an  equality  in  Kansas.  The  laws  of  the  legislative 
assembly  were  not  for  the  punishment  of  the  pro-slavery  party. 
The  governor  had  made  a  mistake  in  supposing  that  there  was 
an  act  upon  the  statute-book  that  made  it  criminal  for  one  of 
that  party  to  rob  a  free-state  man  of  his  horse,  or  shoot  him, 
down  in  cold  blood,  if  he  refused  freely  to  give  it  up  upon 
demand.  Hays  had  committed  no  offen'ce  in  killing  Buffum ; 
Lecompte  was  deserving  of  their  gratitude  in  setting  him  free; 
and  Geary  of  eternal  condemnation  in  persisting  in  punishing 
him,  and  charging  other  pro-slavery  men,  who  had  simply 


SURVEYOR-GENERAL  CALHOUN.  247 

taken  the  Broods  and  lives  of  abolitionists,  with  crime.  Such 
was  the  tenor  of  the  surveyor-general's  remarks;  such  the  inf'a- 
mous  doctrines  which  he  boldly  and  unblushingly  advocated. 

Should  any  doubt  the  truth  of  this,  they  have  only  to  read 
the  following  report  of  this  very  speech,  published  in  the 
Lecompton  Union  of  November  20,  1856.  This  paper  is 
under  the  immediate  control  of  Calhoun  and  his  associates. 
Nothing  finds  a  place  in  its  columns  that  does  not  meet  his 
sanction  and  approbation.  Such  of  its  articles  as  are  not 
written  by  the  chiefs  of  his  department,  receive  at  least  their 
supervision.  This  report,  therefore,  if  not  from  the  pen  of 
Calhoun  himself,  was  from  one  that  he  every  way  approved. 
Let  it  be  observed  that  in  defending  the  outrages  of  the 
pro-slavery  scoundrels,  it  is  done  on  the  ground  that  they  were 
committed  against  bad  men,  incendiaries,  and  traitors;  and 
let  it  also  be  observed,  that  in  this  category  he  classes  all 
free-state  men,  even  though  as  free  from  crime  as  the  Saviour 
of  the  world.  His  special  reasoning  on  that  score  will  be 
understood  at  a  glance  by  every  intelligent  reader.  Observe, 
now,  what  the  Lecompton  Union  says  of  its  paragon  : 

"GENERAL  CALHOUN. 

"  To  the  northern  men  who,  with  a  devotion  amounting  to 
heroism,  have  bared  their  breasts  and  received  the  blows  aimed 
at  the  freedom  of  the  south,  state  equality,  and  consequently 
the  perpetuity  of  the  Union,  are  the  people  of  this  Union  in 
debted  more  than  any  others.  To  this  class  belongs  General 
John  Calhoun,  surveyor-general  of  Kansas.  Born  and  raised 
in  the  north,  his  sympathies  are  all  with  the  south,  and  he  is 
to-day  stronger  on  the  slavery  question  than  one-half  of  those 
born  and  raised  in  the  south;  and  we  say  this,  too,  without 
doubting  their  devotion  to  the  clime  of  their  birth,  or  for 
want  of  confidence  in  their  will  to  defend  us  when  necessary 
against  any  enemy. 

•'  He  belongs  to  the  Douglas  school  of  politicians,  the  mou 
upon  whose  shoulders  the  weight  of  the  Union  has  fallen. 
Bold  in  thought, — untiring  in  action,  and  sound  in  principle, 
such  men  are  governed  by  principle,  not  motive.  There  is  an 
under-covering  of  common  honesty  in  their  composition  that 
defies  the  corrupting  influences  of  brain-sick  abolitionism. 
Neither  gold,  the  glittering  prize  that  dazzles  the  ambitious 
eye,  the  fear  of  scorn  and  contumacy,  can  tempt  them  from 
the  strict  line  of  duty ;  but  planted  upon  the  rock  of  principle, 


248  HISTORY  OF  KANSAS. 

they  resist  the  seductive  influences  of  the  one  and  defy  the 
stints  of  the  other. 

"  To  such  men,  more  especially,  are  the  people  of  Kansas 
indebted  for  their  firm  and  unwavering  support,  under  circum 
stances  of  a  peculiarly  trying  nature.  These  thoughts  occurred 
to  us  after  listening  to  the  very  excellent  remarks  of  General 
Calhoun  on  last  Saturday  evening.  We  will  give  the  substance 
of  one  or  two  points  made  by  him  on  the  occasion : — 

"  In  the  first  place,  he  exposed  the  injustice  and  fallacy  ol 
the  policy  that  is  being  carried  out  by  the  territorial  magnates, 
under  the  plausible  pretext  of  doing  justice  to  all  parties — 
the  levelling  idea  that  has,  since  the  advent  of  the  last  guberna 
torial  constellation,  loomed  up  in  our  political  sky — recognising 
no  difference  between  the  good  and  the  bad,  but  placing  upon  a 
common  footing  the  sustain ers  of  the  laws  and  its  violators. 

"  Under  the  workings  of  this  new  policy,  some  of  the  best 
and  most  law-abiding  citizens  of  the  territory,  [viz. :  Hays, 
the  murderer  of  Buffum;  Clarke,  the  assassin  of  Barber; 
Emory,  who  killed  Phillips,  and  many  others  of  that  class,] 
have  been  dragged  before  the  inquisitorial  court — '  spotted 
and  stained'  with  indictments,  and  made  to  undergo  all  the 
vexations  and  delays  of  a  legal  investigation,  to  vindicate  his 
honor.  If  he  shoot  down  the  incendiary  when  in  the  act  of 
applying  the  torch  to  his  house — or  if  he  jumps  upon  the  back 
of  the  first  horse  that  comes  within  reach,  or  '  presses'  him 
for  the  purpose  of  vindicating  the  laws  of  the  country  when 
trampled  under  foot,  must  he  be  placed  on  an  equal  footing 
with  the  wretch  who  applies  the  torch,  and  with  the  traitor 
who  breaks  the  law,  and  be  branded  as  a  murderer  and  common 
horse  thief?" 

This  language  is  used  in  defence  of  men  who  murdered 
others  simply  to  rob  them  of  their  property,  and  even  stole 
horses  from  women  and  children,  not  to  pursue  violators 
of  the  law,  but  to  carry  them  for  sale  into  the  adjoining 
state.  Such  men,  according  to  the  logic  of  the  speaker,  were 
not  to  be  placed  on  an  equality  with  those  whom  they  robbed 
and  murdered.  But  the  general  exposes  himself  as  he  pro 
ceeds.  It  was  the  policy  of  his  party  to  claim  the  character 
of  innocence — of  justification  by  circumstances  of  their  un 
heard-of  atrocities, — of  their  numerous  robberies,  house-burn 
ings,  and  murders.  This  could  not  be  done,  if  legal  investi 
gations  were  had,  and  the  damning  facts  be  brought  out  before 


SPEECH  OF  GENERAL  CALHOUN.  249 

a  court  of  law.  Their  crimes  exposed,  they  could  not  expect 
a  continuance  of  the  support  and  encouragement  they  were 
receiving  from  honest,  though  deceived  persons  at  a  distance. 
Hence  the  opposition  to  Governor  Geary,  who  could  not  be 
lieve  that  a  murderer  was  less  a  murderer  because  he  claimed 
to  belong  to  a  certain  party,  or  that  he  should  be  left  on  that 
account  to  run  at  large  un whipped  of  justice,  or  beyond  the 
exercise  of  the  law.  The  general  continues : — 

"  Is  it  sufficient  to  inquire  whether  such  and  such  an  act 
was  done  without  inquiring  into  the  causes  that  led  to  its 
commission?  What  will  be  the  effect  of  such  policy  upon  our 
party  here  if  persisted  in?  It  will  degrade  us  at  home  and 
disgrace  us  abroad,  and  it  will  force  us  to  either  one  of  two 
extremes,  to  abandon  a  country  that  punishes  for  sustaining 
its  laws,  and  defending  our  lives  and  property  when  threatened, 
or  we  must  make  up  our  minds  to  submit  to  every  humiliation 
and  degradation  that  can  be  heaped  upon  us.  What  will  our 
friends  at  Washington  or  the  States  who  have  fought  our 
battles,  say,  when  they  hear  of  this  ?  It  will  take  from  them 
the  only  weapon  that  they  have  used  in  our  defence — our 
innocence — and  place  in  the  hands  of  our  enemies  a  powerful 
lever  to  be  used  against  us — our  guilt." 

The  general  appears  to  have  been  nervously  sensitive  on  this 
score.  He  seems  to  have  been  fully  aware  that  their  cause 
would  be  seriously  injured,  even  in  the  south,  if  the  truth 
should,  by  any  chance,  happen  to  get  abroad  through  honest 
legal  investigations.  In  that  case  their  pretended  innocence 
would  no  longer  avail  them.  And  hence,  their  greatest  scoun 
drels  must  be  screened  and  protected,  and  though  their  hands 
with  blood  were  as  red  as  scarlet,  they  must  be  made  to  appear 
as  white  as  snow.  If  one  of  these  wretches  stole  a  horse,  it 
was  only  from  a  seditious  abolitionist,  and  to  be  used  in  the 
public  service;  if  he  robbed  a  house  and  then  burned  it  to  the 
ground,  it  was  to  drive  out  some  rebel  who  had  taken  refuge 
there;  and  if  he  murdered  an  unarmed  and  defenceless  man 
upon  the  highway  or  whilst  sleeping  in  his  bed,  it  was  in  self- 
defence.  This  ground  must  be  assumed  and  maintained,  elso 
their  cause  must  fall;  and  to  maintain  it,  their  worst  criminals 
must  be  kept  out  of  the  courts,  else  destructive  secrets  would 
necessarily  be  revealed.  Besides,  the  Blue  Lodges  required 
them  to  protect  each  other,  and  that  was  another  weighty  con 
sideration.  The  general's  speech  grows  richer  as  he  proceeds: 


250  HISTORY  OF  KANSAS. 

"The  question  is,  shall  we  sustain  our  friends,  who,  in  obedi 
ence  to  the  proclamation  of  Acting-Governor  Woodson,  took  up 
arms  in  defence  of  the  laws,  against  a  set  of  '  dogs,  scoundrels, 
and  traitors,'  who  came  into  the  country,  not  with  the  intention 
of  supporting  the  laws,  but  armed  and  equipped  for  fight — 
traitors  at  heart,  with  the  treasonable  design  of  overthrowing 
the  laws  and  trampling  them  under  foot,  or  shall  we  surrender 
them  to  the  mercy  of  such  a  miserable  policy  as  is  being  car 
ried  out  at  present,  OR  SUSTAIN  THEM  TO  THE  LAST  ? 

"  Our  position  is,  that  the  law  and  order  party  is  in  the  right, 
or  it  is  in  the  wrong — if  the  first,  it  should  be  sustained;  if  the 
last,  condemned.  We  say  it  is  the  only  true,  upright,  constitu 
tional  party  in  the  country;  there  maybe  individual  exceptions; 
we  are  not  bound  by  their  acts,  nor  do  we  approve  of  them. 

u  The  idea  of  appeasing  the  insatiable  gluttony  of  abolition 
rage  and  fanaticism  by  harassing  and  plastering  with  indict 
ments  the  law  and  order  men,  under  the  pretence  of  'impartial 
justice,'  savors  of  lunacy.  If  one-half  of  the  law  and  order 
men  in  the  country  should  be  swung  up  by  the  neck  on  to 
morrow,  the  sacrifice  would  not  in  the  least  abate  their  hellish 
desire,  but  like  the  horse  leech,  they  would  cry  give,  until  the 
life  of  every  man  that  opposed  them  was  offered  up.  They 
came  into  the  country  to  disturb  its  peace,  to  break  its  laws, 
to  kill,  burn  and  plunder — outlaws  and  traitors,  they  deserve 
the  traitor's  fate/' 

This  article  indicates  the  character  of  the  pro-slavery  party 
of  Kansas,  and  explains  clearly  some  of  the  seeming  mysteries 
in  the  history  of  the  territory.  A  brutal  murder  had  been 
committed  In  the  annals  of  crime,  there  is  not  one  recorded 
of  a  more  diabolical  character.  A  poor  cripple  is  killed  in 
cold  blood  by  a  human  monster,  simply  to  steal  his  horses. 
With  his  hands  still  reeking  with  the  blood  of  his  inoffensive 
victim,  the  assassin  also  robs  a  young  girl  of  her  pet  pony; 
and  then,  with  his  booty,  joins  his  "  law  and  order"  comrades. 
The  governor,  with  great  difficulty  and  expense,  causes  the 
criminal  to  be  arrested.  A  partial  judge  sets  him  free — and 
an  impartial  governor  causes  his  re-arrest.  A  public  meet 
ing  is  called  in  consequence,  by  men  holding  prominent  offices 
under  the  general  government,  to  denounce  the  governor  as  a 
lunatic,  for  attempting  to  carry  out  the  policy  of  "  impartial 
justice.."  The  surveyor-general  of  the  territory  tells  the  people 
the  laws  were  not  made  to  condemn  the  "  law  and  order  "  party 


IMPARTIAL  POLICY  DENOUNCED.  251 

for  killing  abolitionists.  It  was  all  right  that  hundreds  of 
free-state  men  should  be  groaning  and  starving  in  a  loathsome 
prison  •  but  it  was  an  offence  to  lay  hands  upon  a  ."  law  and 
order  "  villain.  This  offence  sealed  the  governor's  doom.  It 
was  decreed  that  he  should  be  removed.  If  the  government 
could  not  be  prevailed  upon  to  dismiss  him,  and  he  could 
not  be  so  harassed  and  embarrassed  as  to  be  forced  to  resign, 
then  the  hand  of  the  assassin  must  do  the  work.  And  these 
advocates  for  murder,  associates  of  murderers,  and  murderers 
themselves,  succeeded.  They  did  not  simply  denounce  the 
"  impartial  policy,"  as  they  called  it,  of  Governor  Geary;  but 
they  determined  that  it  should  not  prevail  in  Kansas.  And 
hence  Calhoun,  and  Clarke,  and  Emory,  and  Jack  Thompson, 
hastened  to  Washington,  and  were  admitted  to  the  presence  of 
President  Hiichanan,  and  introduced  to  the  members  of  the 
cabinet,  to  all  of  whom  they  promised  they  would  throw  no 
obstacles  in  his  way  if  a  southern  governor  was  sent  to  Kansas. 
And  Mr.  Buchanan  was  delighted  with  these  assurances.  They 
called  on  Mr.  Robert  J.  Walker,  and  told  him  they  would  give 
him  no  trouble  if  he  would  be  the  governor.  And  Mr.  Walker 
felt  highly  flattered.  But  they  had  thrown  obstacles  in  the 
way  of  Governor  Geary — they  had  given  him  trouble — they 
had  annoyed  and  abused  him  to  the  full  extent  of  their  power — 
they  had  prevailed  upon  the  authorities  to  remove  from  him  all 
the  means  he  had  at  command  to  preserve  the  peace  and  pro 
tect  himself — and  then  surrounded  him  with  bands  of  assas 
sins,  ready  to  consummate,  at  the  first  favorable  opportunity, 
their  nefarious  designs.  And  why?  Because  Governor  Geary 
had  conceived  the  fallacy  of  exercising  ''impartial  justice" — 
because  he  could  not  discriminate  between  murder  committed 
by  a  man  who  added  to  the  enormity  of  the  crime  the  black 
falsehood  that  it  was  committed  for  the  public  good,  and  by 
one  who  made  no  such  lying  pretence — because,  in  a  word,  he 
was  determined  that  the  simple  fact  of  being  an  advocate  for 
slavery  and  assuming  the  name  of  "law  and  order/'  should  not 
screen  the  guilty  wretch  from  merited  punishment.  And 
these  men,  who  for  this  reason  and  none  other,  so  foully  per 
secuted  Governor  Geary,  have  been  rewarded  with  lucrative 
offices  by  the  administration.  Since  the  world  was  made,  never 
were  such  responsible  positions  given,  in  any  civilized  nation 
on  earth,  to  men  so  notoriously  unworthy. 


252  HISTORY  OF  KANSAS. 


CHAPTER  XL. 

Meeting  of  a  pro-slavery  convention  at  Lecompton. — Discussion  between 
Hampton  and  Maclean. — Sheriff  Jones  endorsed. — Organization  of  the 
national  democratic  party  of  Kansas. — A  novel  platform. — The  national 
administration  favors  the  pro-slavery  movements  in  Kansas. — Analysis 
of  the  cabinet. — Governor  Geary  offered  the  United  States  senaton-hip. 
— Calhoun's  address  to  the  people  of  the  United  States. — Misrepresenta 
tions  of  its  author  exposed. 

A  CALL  having  apppeared  in  the  Squatter  Sovereign  for 
the  meeting  of  a  convention,  a  body,  in  answer  thereto,  assem 
bled  at  Lecompton  on  the  same  day  that  the  Legislature  was 
organized.  The  objects  of  the  convention  had  been  left  for 
the  imagination  of  the  delegates,  for  they  had  never  been  pub 
licly  stated  or  defined.  They  were  not  destined,  however,  to 
remain  long  in  ignorance  on  that  particular  point;  for  when 
two  free-state  delegates  presented  credentials,  they  were  given 
clearly  to  understand  that  their  presence  and  services  were  not 
required.  The  first  question  discussed  regarded  the  name  by 
which  the  convention  should  be  called.  A  proposition  to  de 
nominate  it  the  "  Law  and  Order  Convention"  was  overruled 
by  the  opposition  of  Doctor  Stringfellow,  who  pronounced  the 
assembly  a  pro-slavery  convocation,  and  offered  a  resolution, 
which  was  almost  unanimously  carried,  denying  a  seat  in  the 
meetings  to  any  man  who  was  not  absolutely  known  to  be  in 
favor  of  making  Kansas  a  slave  state. 

The  passage  of  this  resolution  brought  Maclean  to  his  feet, 
who,  in  a  speech  of  some  length,  delivered  in  a  most  excited 
manner,  declared  that  Captain  L.  J.  Hampton,  who  claimed 
to  be  a  delegate  from  Jefferson  county,  had  no  business  in  that 
convention,  as  his  kind  treatment,  in  the  capacity  of  master 
of  convicts,  to  the  free-state  prisoners,  was  quite  sufficient 
proof  that  he  was  not  a  sound  pro-slavery  man. 

To  this  Hampton  replied,  with  much  earnestness  and  elo 
quence,  declaring  that  he  was  a  Kentuckian,  and  had  always 
maintained  the  local  institutions  of  his  native  state,  and  affirm 
ing  that  he  was  decidedly  in  favor  of  slavery  extension. 

Maclean  retorted,  and  was  even  more  violent  than  before : 
"  I  don't  care  what  Captain  Hampton  says.  His  conduct  to 
the  prisoners  has  been  such  as  no  pro-slavery  man  can  sane- 


NATIONAL  DEMOCRATIC  PARTF  OF  KANSAS.  253 

tion ;  and  my  friend  over  there,  Samuel  J.  Jones,  the  sheriff 
of  Douglas  county,  the  master  spirit  of  our  party,  who  has 
fought,  suffered  and  bled  for  our  cause,  who  is  a  living  monu 
ment  of  the  nobility  of  the  human  soul,  and  whose  word  is  the 
soul  of  honor,  says  that  Captain  Hampton  is  not  sound ;  and 
shall  we  take  Captain  Hampton's  word  in  preference  to  that 
of  Sheriff  Jones  ?  Have  we  not  tried  Samuel  J.  Jones  ?  And 
who  will  say  that  he  was  ever  found  wanting  ?  No  !  it  is  our 
duty,  as  pro-slavery  men,  to  believe  Sheriff  Jones's  word  in 
preference  to  Captain  Hampton's  oath ;  to  do,  without  hesita 
tion,  all  that  Sheriff  Jones  wishes  us  to  do,  no  matter  what 
that  may  be ;  and  as  Sheriff  Jones  desires  the  exclusion  from 
this  convention  of  Captain  Hampton,  I  hope  that  no  member 
here  will  be  so  rile  a  traitor  to  our  cause  as  to  hesitate  one 
moment  to  vote  for  his  expulsion  !" 

During  these  remarks,  which  were  constantly  interrupted 
with  enthusiastic  applause,  the  sheriff,  it  being  late  in  the 
evening,  was  in  no  mood  for  speech-making ;  but  sat  near  his 
friend  Maclean,  almost  unconscious  of  the  extravagant  lauda 
tions  of  which  he  was  the  subject,  and  nodding  over  the  pipe 
that  he  held  in  his  mouth,  from  which  an  occasional  puff  of 
smoke  would  ascend.  Hampton's  case  was  finally  referred  to 
a  committee,  who  reported  him  "  sound  on  the  goose,"  and  he 
was  admitted  as  a  member  of  the  convention.  But  here  ano 
ther  difficulty  arose.  A  vote  had  hastily  been  passed  inviting 
all  the  members  of  the  Legislature  to  participate  in  the  busi 
ness  of  the  convention,  and  it  was  discovered  that  two  of  the 
members  were  free-state  men.  After  a  spirited  debate  on  the 
question  of  their  admission,  it  was  decided  that  they  were  not 
included  in  the  general  invitation.  Nothing  more  was  done 
the  first  evening  than  organize  the  body,  and  appoint  the  pro 
per  committees. 

On  the  following  day,  the  convention  met  in  committee  of 
the  whole,  when,  to  the  astonishment  of  many  of  the  dele 
gates,  a  proposition  was  made  by  Doctor  Stringfellow,  who 
had  never  pretended  to  be  a  Democrat,  to  call  themselves 
"  The  National  Democratic  Party  of  Kansas  Territory." 
There  was  some  little  squirming  and  twisting  when  this  pro 
position  was  made ;  for  it  appeared  that  a  majority  of  the  dele 
gates  claimed  to  be  old-line  Whigs  ]  but  when  the  objects  were 
explained,  all  scruples  were  removed,  and  the  name  was  adopt 
ed.  It  was  stated  that  Governor  Geary  must  by  some  means 
be  disposed  of;  his  continuance  in  Kansas  was  an  injury  to 
22 


254  HISTORY  OP  KANSAS. 

the  pro-slavery  cause.  An  issue  must  be  raised  between  hin 
and  Lecompte;  one  or  the  other  must  fall;  and  LecomptG 
could  not,  under  any  circumstances,  be  spared.  The  question 
was  under  consideration  at  Washington.  A  protest  against 
Lecompte's  removal,  and  in  favor  of  Geary's,  must  be  ^enlto 
the  national  democratic  administration ;  that  administration 
could  not  with  propriety  pay  much  attention  to  anything  ema 
nating  from  a  body  contending  for  no  other  principle  than  the 
introduction  of  slavery  into  the  territory;  but  it  would  be 
compelled  to  regard  with  favor  whatever  came  to  them  from 
the  u  National  Democratic  Party  of  Kansas."  Besides,  it 
was  argued  that  "a  rose  by  any  other  name  would  smell  as 
sweet,"  and  by  calling  himself  a  Democrat,  for  the  purpose 
of  gaining  an  important  point,  no  man  was  compelled  to  em 
brace  democratic  doctrines.  He  might  still  entertain  whatever 
sentiments  he  thought  proper.  It  was  thought  best,  never 
theless,  to  secure  the  desired  object,  to  adopt  the  Cincinnati 
platform — reserving  to  themselves  the  privilege  of  engrafting 
thereon  their  one  idea  of  slavery  in  Kansas. 

This  was  a  strange  procedure,  and  one  which  shows  an  utter 
disregard  of  moral  principle,  when  it  is  understood  that  these 
very  men,  at  the  last  session  of  the  Legislature,  as  will  be  seen 
by  reference  to  their  published  journal,  passed  the  following : 

"  Mr.  Speaker  Stringfellow,  Mr.  Anderson  in  the  chair, 
offered  the  following  concurrent  resolution : — 

"  WHEREAS,  The  signs  of  the  times  indicate  that  a  measure 
is  now  on  foot  fraught  with  more  danger  to  the  interests  of  the 
pro-slavery  party,  and  to  the  Union,  than  any  which  has  yet 
been  agitated,  to  wit :  the  proposition  to  organize  a  national 
democratic  party ;  and 

"  WHEREAS,  Some  of  our  friends  have  already  been  misled 
by  it ;  and 

"  WHEREAS,  The  result  will  be  to  divide  pro-slavery  Whigs 
from  Democrats,  thus  weakening  our  party  one-half;  and 

"  WHEREAS,  We  believe  that  on  the  success  of  our  party 
depends  the  perpetuity  of  the  Union ;  Therefore, 

"  Be  it  resolved,  By  the  House  of  Representatives,  the 
Council  concurring  therein,  that  it  is  the  duty  of  the  pro- 
slavery  party,  the  union-loving  men  of  Kansas  Territory,  to 
know  but  one  issue,  SLAVERY,  and  that  any  party  making  or 
attempting  to  make  any  other,  is  AND  SHOULD  BE  HELD,  AS 

AN  ALLY  OF  ABOLITIONISM  AND  DISUNIONISM. 


PRESIDENT  BUCHANAN'S  POLICY.  255 

"  Which  was  read  a  first  time,  and  the  rule  suspended,  and 
the  resolution  read  a  second  time,  and  agreed  to." 

Siich  is  the  platform  of  the  men,  who  at  last,  for  sinister 
motives,  styled  themselves  the  "National  Democracy  of  Kan- 
x.-A."  They  were  to  know  but  one  issue — that  issue,  slavery! 
or  else  be  held  as  "  allies  of  abolitionism  and  disunionism." 
In  carrying  out  this  principle,  all  the  free-state  Democrats  of 
Kansas  were  excluded  from  membership  with  the  "  National 
Democracy"  not  one  of  them  being  received  into  fellowship, 
or  in  any  manner  allowed  to  take  part  in  its  proceedings. 

But,  it  may  be  asked,  is  this  sort  of  Democracy  acknow 
ledged  and  endorsed  by  the  administration  at  Washington  ? 
Yes !  Mr.  Buchanan  has  carried  it  out  to  the  full  measure  of 
perfection.  As  far  as  he  has  had  the  power,  he  has  ostracised 
all  free-state  Democrats,  no  matter  how  long  or  how  faithfully 
they  have  served  himself  and  their  party.  The  most,  if  not 
all,  of  his  appointments  have  been  made  with  especial  refer 
ence  to  the  slavery  question,  and  the  pleasure  of  the  southern 
wing  of  the  Democracy.  Without  an  exception,  the  Kansas 
appointments  were  well  known  pro-slavery  men,  and  they  of 
the  fiercest  character. 

The  same  rule  was  rigidly  observed  in  selecting  the  mem 
bers  of  the  cabinet.  It  would  be  an  insult  to  the  sagacity  of 
the  president  to  suppose  that  this  was  purely  accidental,  or 
that  he  had  been  blindfolded  by  his  political  advisers.  The 
northern  Democrats  have  been  deluded  with  the  pretence  that 
a  strict  impartiality  had  been  observed  in  this  regard,  and  that 
an  equal  distribution  of  the  cabinet  offices  had  been  made 
among  parties  favorable  to  northern  and  southern  interests ; 
than  which  nothing  can  be  farther  from  the  truth.  So  far  as 
the  settlement  of  the  question  of  slavery  in  Kansas  is  con 
cerned,  the  cabinet  officers,  who  have  any  great  influence  in 
relation  to  it,  are  all  on  one  side.  True,  there  are  three  north 
ern  men  in  the  cabinet,  which,  with  Mr.  Buchanan,  comprise 
one-half  the  number.  Two  of  these,  however,  are  avowed 
pro-slavery  men,  and  the  other  a  large  owner  of  property  in  a 
slave  state.  \  But  even  were  this  otherwise,  neither  of  these 
gentlemen's  positions  give  them  any  peculiar  control  over  the 
affairs  of  Kansas  Territory. 

General  Lewis  Cass,  of  Michigan,  the  Secretary  of  State, 
has  no  appointments  to  make  nor  patronage  to  bestow,  in  the 
territory ;  and  is  very  little  else,  so  far  as  its  interests  are  con 
cerned  than  a  medium  of  communication  between  the  Gover- 


256  HISTORY  OP  KANSAS. 

nor  of  Kansas  and  the  President  of  the  United  States.  The 
Attorney  General,  Jeremiah  S.  Black,  of  Pennsylvania,  simply 
occupies  the  position  of  legal  adviser;  whilst  Mr.  Isaac  Toucey, 
of  Connecticut,  the  Secretary  of  the  Navy,  has  nothing  ^iiat- 
ever  to  do  with  Kansas. 

How  is  it  with  the  other  members  of  Mr.  Buchanan's  cabi 
net  ?  These  are  all  southern  men,  and  have  the  entire  man 
agement  of  Kansas  affairs. 

The  Postmaster  General,  Mr.  Aaron  V.  Brown,  of  Ten 
nessee,  has  the  appointment  of  all  the  postmasters,  mail- 
agents,  mail-carriers,  etc.,  and  can  bestow  his  immense  patron 
age  upon  whom  he  pleases ;  and  so  well  has  he  begun,  that 
the  only  free-state  post-master  in  the  territory,  Mr.  C.  W. 
Babcock,  of  Lawrence,  who  is  a  gentleman  of  unimpeachable 
integrity,  and  whose  sound  democracy  has  never  been  ques 
tioned,  has  been  removed  to  make  room  for  a  member  of  the 
pro-slavery  party. 

Mr.  Ho  well  Cobb,  of  Georgia,  the  Secretary  of  the  Trea 
sury,  has  charge  of  the  national  purse,  and  can  exercise  con 
siderable  influence  in  supplying  or  withholding  funds  for  terri 
torial  uses. 

The  Secretary  of  War,  Mr.  John  B.  Floyd,  of  Virginia, 
has  the  management  of  the  army,  and  may  send  to  Kansas 
officers  to  command  the-  troops,  of  his  own  political  complex 
ion,  and  can,  at  his  pleasure,  deny  or  allow  the  governor  the 
employment  of  the  United  States  forces. 

And  last,  though  not  the  least,  comes  Mr.  Jacob  Thompson, 
of  Mississippi,  the  Secretary  of  the  "Interior.  This  is  the 
most  important  of  all  the  cabinet  officers,  as  regards  the  in 
terests  of  Kansas  Territory.  He  can  control  the  appointment 
of  numerous  Indian  agents,  surveyors,  etc.,  amounting  to  some 
hundreds  of  persons,  through  whom  about  three  millions  of 
dollars  are  annually  disbursed.  His  influence,  therefore,  for 
good  or  evil,  in  Kansas,  is  almost  unbounded.  That  he  in 
tends  to  employ  it  in  favor  of  the  pro-slavery  party,  is  evi 
denced  in  the  fact,  that  one  of  the  first  acts  of  the  new  admin 
istration  was  the  removal,  at  the  instance  of  George  W. 
Clarke,  of  Col.  Winston,  of  Virginia,  who  had  been  appointed 
to  succeed  Clarke,  as  agent  for  the  Potawattomie  Indians,  and 
against  whom  there  could  be  no  other  charge  than  that,  for  a 
southerner,  he  was  too  conservative  in  his  views  to  be  of  ser 
vice  to  the  pro-slavery  cause.  Winston  was  superseded  by 
William  E.  Murphy,  who  had  distinguished  himself  for  his  op- 


ADDRESS  OF  THE  NATIONAL  DEMOCRACY.  257 

position  to  the  free-state  men  of  Leavemvorth  City,  and  who, 
after  the  latter  had  been  driven  away  by  violence,  was  fraudu 
lently  elected  mayor  of  that  city. 

What  will  northern  Democrats  think  of  this  analysis?  Alas! 
what,  have  northern  free-state  Democrats  to  do  with  the  pre 
sent  national  Democracy  ?  That  Democracy  is  emphatically 
the  pro-slavery  party  of  the  country  !  Mr.  Buchanan's  admin 
istration  has  adopted  the  platform  of  that  party,  which  is,  to 
know  but  one  issue — and  that  issue,  SLAVERY! 

The  machinery  set  in  motion  by  the  leading  actors  of  the 
"  National  Democratic  Party  of  Kansas/'  did  not  work  so  well 
as  was  anticipated.  The  people  understood  the  trickery,  and 
would  not  come  into  the  proposed  measures.  Hence  there 
was  considerable  discouragement,  and  a  new  course  of  policy 
was  attempted.  It  was  suggested  that  it  would  be  a  capital 
idea  to  induce  the  governor  to  give  his  sanction  to  the  move 
ment.  Accordingly,  a  meeting  was  called  to  ratify  the  pro 
ceedings  of  the  convention,  and  Governor  Geary  was  for 
mally  visited  by  J.  D.  Henderson,  chairman  of  the  central 
committee,  with  the  assurance,  that  if  he  would  attend  the 
meeting  and  identify  himself  with  the  party,  he  should  be 
one  of  the  two  United  States  senators  soon  to  be  elected, 
as  the  convention,  in  conjunction  with  the  legislature.  h:id 
plans  on  foot  which  could  not  fail  of  success  in  making  Kansas 
a  slave  state.  The  governor  reminded  Henderson,  that  a  cer 
tain  tempter  once  took  his  master  to  the  "  top  of  a  high  moun 
tain,  and  showed  him  all  the  kingdoms  of  the  world,  saying, 
All  these  will  I  give  unto  you,  if  you  will  fall  down  and  wor 
ship  me."  "  Now/'  said  his  excellency,  "  the  devil  had  as  many 
kingdoms  to  give  as  you  have  senatorial  honors  to  bestow,  or 
ever  will  have,  by  honest  means.  I  despise  your  promises  of 
reward  as  much  as  I  did  your  infamous  threats  of  injury.  If 
you  approach  me  again  with  such  vile  offers  of  bribery,  I  will 
be  tempted  to  toss  you  through  the  window."  The  ratifica 
tion  meeting  was  held;  about  a  dozen  persons  were  present; 
A.  W.  Jones  endeavored  to  make  a  speech  ;  and  after  passing 
a  resolution  endorsing  the  abuses  of  the  Union,  of  which  he 
was  editor,  adjourned,  the  whole  affair  proving  a  most  ridicu 
lous  failure. 

Before  its  final  adjournment,  this  "National  Democratic 

convention"  appointed  a  committee  to  prepare  an  "  address  to 

the  people  of  the  United  States."     This  committee  consisted 

of  the  following  named  persons,  of  whom,   with  few  excep- 

22*  R 


258  HISTORY  or  KANSAS. 

tions,  the  democrats  of  the  United  States  have  no  great  reason 
to  be  proud : 

John  Calhoun,  chairman ;  George  W.  Clarke,  John  W. 
Foreman,  J.  Kuykendall,  John  H.  Stringfellow,  A.  B.  Haz- 
zard,  John  R.  Boyd,  E.  Ranson,  L.  A.  Maclean,  H.  B.  Har 
ris,  A.  Coffey,  John  Donaldson,  B.  J.  Newsome,  J.  T.  Here 
ford,  J.  C.  Anderson,  D.  R.  Atohison,  Jeif.  Bufor3,  W.  H. 
Tebbs,  S.  J.  Jones,  Hugh  M.  Moore,  G.  W.  Perkins,  A.  J. 
Isacks. 

These  names  are  published  more  especially  for  future  ref 
erence.  The  address  was  prepared  by  Surveyor  Calhoun,  and 
published  in  pamphlet  form ;  and  it  would  be  a  difficult  matter 
to  find  any  other  publication,  of  an  equal  number  of  pages, 
containing  as  many  gross  misrepresentations.  A  single  exam 
ple  of  the  author's  veracity  may  here  be  given.  Speaking  of 
the  contemplated  attack  upon  Lawrence,  he  assumes  that  it 
was  the  desire  of  the  free-state  men  to  have  the  town  destroyed 
(and  of  course  themselves,  women  and  children  massacred), 
for  political  effect,  and  adds  : — 

"  Lane,  no  doubt,  abandoned  the  town  for  that  purpose  ;  but 
he  did  not  comprehend  that  his  opponents  were  incapable  of 
attacking  where  there  was  no  chance  of  defence." 

The  truth  is,  they  were  never  known  to  attack  where  there 
was  a  chance  for  defence,  or  where  the  odds  were  not  greatly 
in  their  favor.  The  address  continues  : — 

u  General  Heiskell's  forces  had  the  town  completely  within 
their  power  for  two  days  before  they  turned  back ;  but  the 
leaders  of  those  forces  saw  the  game  as  clearly  as  the  Black 
Republicans  themselves,  and  determined  to  prevent  its  destruc 
tion.  To  control  the  incensed  mass  of  Heiskell's  forces,  who 
thought  only  of  vengeance  for  outrages  committed,  the  leaders 
sent  to  Lecoinptou  for  Governor  Geary  to  come  and  disband 
their  troops,  so  that  they  might  be  forced  to  return  to  their 
homes  without  entering  Lawrence.  This  was  done,  and  Law 
rence  saved  by  the  sagacity  of  the  leaders  in  Heiskell's  camp." 

There  is  not  the  slightest  shadow  of  truth  in  this  state 
ment.  The  leaders  of  Heiskell's  forces  never  sent  to  Gov 
ernor  Geary  to  come  and  disband  their  troops.  On  the 
contrary,  Maclean,  Heiskell's  adjutant  and  Calhoun's  chief 
clerk,  most  heartily  cursed  what  he  called  the  interference  of 
Governor  Geary.  The  governor  was  studiously  kept  in  igno 
rance  of  the  movement  and  intentions  of  these  troops*  by 
Heiskell's  leaders,  and  only  discovered  the  facts  through  his 


MISREPRESENTATIONS  EXPOSED.  259 

own  secret  agents  and  the  applications  of  the  citizens  of  Law 
rence  for  protection.  * 

The  official  report  of  Adjutant-General  Strickler,  whom 
Governor  Geary  sent  to  disband  Heiskell's  forces,  proves  the 
falsity  of  General  Calhoun's  statement,  made  for  the  unwor 
thy  purpose  of  taking  from  Governor  Geary  the  credit  of  a 
great  and  noble  act.  General  Stickler's  report  to  the  gov 
ernor  is  dated  September  17,  1856,  in  which  he  says : — 

"  In  reply  to  your  note  of  this  date,  I  have  the  honor  to 
report,  that  in  pursuance  of  your  instructions,  I  proceeded  to 
the  camp  at  Franklin,  commanded  by  Brigadier-General  Heis- 
kell,  and  made  known  to  him  your  proclamation  and  orders 
for  the  disbandnient  of  the  Kansas  militia,  and  requested  him 
to  publish  such  general  orders  as  might  be  necessary  to  exe 
cute  your  commands. 

"  The  excitement  and  confusion  became  so  great  in  conse 
quence  of  this  intelligence  that  it  was  deemed  advisable  to 
request  your  presence  j  and  I  consider  it  fortunate  for  myself 
that  you  came  to  the  camp ;  for  you  must  be  convinced  from 
what  you  saw  during  your  stay  of  the  utter  impossibility  to 
execute  your  commands." 

Thus  it  seems,  by  the  official  report,  that  instead  of  the  leaders 
of  Heiskell's  forces  sending  for  the  governor  to  disband  their 
troops,  the  adjutant-general  of  the  territory  was  incapable  of 
effecting  that  object,  and  found  it  necessary  to  send  for  the  go 
vernor  himself;  and  it  is  well  known  that  his  presence  alone 
saved  the  town  of  Lawrence  from  the  rapine  and  destruction 
that  had  been  contemplated.  No  wonder  that  General  Calhoun 
and  his  party  should  now  be  ashamed  of,  and  endeavor  to  deny, 
their  complicity  with  this  most  dastardly  and  disgraceful  in- 
tention. 

General  Reid  did  not  attempt  to  take  from  Governor  Geary 
the  credit  of  defeating  the  murderous  intentions  of  his  army — 
of  saving  Lawrence  from  destruction,  and  the  country  from  a 
civil  war,  but  frankly  acknowledged  the  fact.  Upon  Reid's 
return  to  Missouri,  he  was  severely  censured  for  not  consum 
mating  the  purpose  of  the  invasion,  when  he  found  it  necessary 
to  defend  his  conduct  through  the  medium  of  the  press.  In 
one  of  his  lengthy  communications  published  in  the  Occidental 
Msatengw,  Independence,  Mo.,  of  September  20th,  1S56,  he 
says  : — 

"I  have  no  regret  that  Governor  Geary  arrived  when  he 
did,  and  interposed  between  us  and  our  purpose,  and  relieved 


260  HISTORY  OF  KANSAS. 

us  from  the  necessity  of  doing  extra  judicially,  that  which  can  be> 
done  so  much  more  effectually  and  satisfactorily  in  the  name 
and  by  the  authority  of  the  law — redressing  the  wrong  of  our 
fellow-citizens  and  restoring  them  to  their  rights  in  Kansas. 

"  I  have  no  doubt,  with  the  men  we  had,  of  the  result.  I 
have  no  doubt  we  should  have  driven  Lane  and  his  band,  and 
all  confederate  bands,  from  the  soil  of  Kansas,  but  I  am  not 
prepared  to  say  I  would  have  preferred  it  so.  I  think  it  better 
for  the  peace  of  the  country  and  for  the  good  of  all,  that  it 
should  be  as  it  is,  and  hence  I  then  thought,  and  now  think, 
the  arrival  of  the  new  governor  most  opportune  for  us,  for 
Kansas,  and  for  the  whole  country,  in  suspending  the  strife 
which  had  been  forced  upon  us,  in  such  a  manner  as  regarding 
our  honor  and  our  rights  we  could  not  decline  it,  and  which 
threatened  to  involve  the  -whole  country  in  a  civil  and  sectional 
war." 


CHAPTER  XLL 

Passage  of  the  census  bill. — Governor  Geary's 'veto  message. — The  manner 
in  which  the  census  was  taken. — Repeal  of  the  test  laws. — Adjournment 
of  the  Legislature. — Secretary  Marcy  and  the  Topcka  Legislature. — 
Letter  to  the  Secretary  of  State. — Arrest  of  a  fugitive. — Rencontre  at  To 
peka. — Complaint  of  prisoners. — Breaking  up  of  the  Kansas  River. 

THE  crowning  act  of  the  legislature  was  the  passage,  near 
the  close  of  its  session,  of  what  is  called  the  "Census  Bill." 
This  was  the  most  infamous  scheme  to  rob  thousands  of  free 
men  of  their  right  of  the  elective  franchise,  that  has  ever  been 
devised  in  this 'or  any  other  country.  The  bill  was  created 
with  much  care  and  cunning,  by  certain  prominent  United 
States  senators  at  Washington,  and  sent  to  Lecompton,  with 
orders  for  its  adoption  without  alteration  or  amendment. 

It  provides  for  the  taking  of  a  census,  preparatory  to  an 
election  to  be  held  in  June,  1857,  for  delegates  to  a  conven 
tion  to  frame  a  state  constitution,  to  be  presented  to  the  next 
Congress  for  its  approval.  At  the  election  no  citizen  is  allowed 
to  vote,  who  was  not  in  the  territory  on  or  before  the  loth 
of  March.  The  census  takers  and  judges  of  election  are  the 
sheriffs  and  other  officers  appointed  by  the  pro-slavery  party, 
and  bound  to  its  interests. 


THE  CENSUS  LAW.  261 

Agreeably  to  this  reflation,  the  hundreds  of  free-state  meu 
who  had  been  forcibly  driven  from  their  claims  aud  homes  du 
ring  the  past  year's  disturbances,  and  who,  in  consequence  of 
the  difficulty  of  travel,  could  not  return  until  after  the  15th 
of  March,  were  disfranchised,  as  were  also  the  thousands  of 
emigrants  that  were  expected  to  arrive  after  that  period,  aud 
prior  to  the  day  fixed  for  the  election.  Whilst  on  the  other 
hand,  thousands  of  Missourians  could  simply  cross  the  border 
into  the  territory,  register  their  names  as  voters,  and  return  to 
their  homes  to  await  the  election.  But  even  that  trouble  was 
at  length  considered  unnecessary,  for  the  sheriffs  and  census 
takers  found  it  more  convenient  to  carry  their  books  into  Mis 
souri  and  there  record  their  names.  Although  this  was  really 
done,  the  names  of  many  of  the  most  prominent  and  oldest 
free- state  residents  of  the  territory  were  never  registered. 
Under  the  regulations  of  this  bill  the  free-state  people  wisely 
concluded  to  take  no  part  whatever  in  the  election ;  for  it  was 
a  matter  of  certainty  that  there  was  no  possibility  of  justice 
being  done  them,  aud  their  participation  in  the  fraud  in  any 
way  would  only  be  to  give  it  their  sanction.  Had  they  resolved 
to  vote,  and  showed  a  majority  of  three  to  one,  the  judges 
would  have  had  no  difficulty  in  returning  them  in  the  minor 
ity.  The  past  history  of  the  officials  was  a  sufficient  guarantee 
of  what  might  be  expected  from  their  future  conduct.  To 
pretend  that  such  men  as  Sheriff  Jones  would  do  anything  like 
justice  to  the  free-state  residents,  is  simply  an  insult  to  the 
common  sense  of  all  who  understand  the  history  of  the  country. 
But  even  the  possibility  of  the  free-state  people  coming  for 
ward  to  vote,  was  guarded  against  by  the  insertion  of  a  clause 
in  the  bill,  intended  for  their  intimidation,  that  the  voting 
should  be  viva  voce.  Another  feature  of  the  bill  is,  that 
although  it  was  framed  expressly  to  defraud  the  free-state  cit 
izens  of  their  rights,  it  requires  them  to  pay  a  tax  to  assist 
in  the  accomplishment  of  the  fraud. 

Upon  ascertaining  the  nature  of  this  act.  Governor  Geary, 
before  its  passage,  sent  for  the  chairmen  of  the  committees  of 
the  two  branches  of  the  Legislature,  General  Coffey  of  the 
Council  and  Colonel  Anderson  of  the  House,  and  informed 
them  that  if  they  would  consent  to  add  a  clause  referring  the 
constitution  that  might  be  formed  by  the  convention  to  the 
citizens  of  the  territory,  for  their  sanction  or  rejection,  before 
its  being  submitted  to  Congress,  he  would  waive  all  other  ob 
jections,  and  give  it  his  approval.  The  reply  was,  that  that 


2G2  HISTORY  OF  KANSAS. 

suggestion  had  already  been  fully  considered  and  discussed, 
and  could  not  be  adopted,  as  it  would  defeat  the  only  ob/c.rt 
of  the  act,  which  was  to  secure,  beyond  any  possibility  of  fail 
ure,  the  territory  of  Kansas  to  the  south  as  a  slave  state.  Any 
alteration  in  the  bill  would  be  fatal  to  their  projects.  Even 
should  they  allow  the  spring  immigration  to  take  part  in  the 
election,  their  plans  would  be  frustrated.  This,  they  said,  was 
their  last  hope,  and  they  could  not  let  the  opportunity  pass 
unimproved.  They  had  already,  in  anticipation  of  the  pas.sigo 
of  the  bill,  so  apportioned  the  territory,  and  made  such  other 
preliminary  arrangements,  that  the  success  of  this  grand  pro 
ject  was  placed  beyond  the  reach  of  any  contingency  that 
might  now  occur. 

The  bill  was  passed  by  both  houses  and  sent  to  the  governor 
for  his  signature,  who  returned  it  with  the  following  ob 
jections  : — 

"Gentlemen  of  the  Council  of  Kansas  Territory: 

"  After  mature  consideration  of  the  bill  entitled  '  An  Act 
to  provide  foi  the  taking  of  a  census,  and  election  for  dele 
gates  to  convention/  I  am  constrained  to  return  the  same 
without  my  approval. 

"  Passing  over  other  objections,  I  desire  to  call  your  serious 
attention  to  a  material  omissi'on  in  the  bill. 

"  I  refer  to  the  fact  that  the  Legislature  has  failed  to  make 
any  provision  to  submit  the  constitution,  when  framed,  to  the 
consideration  of  the  people,  for  their  ratification  or  rejection. 

"  The  position  that  a  convention  can  do  no  wrong,  and  ought 
to  be  invested  with  sovereign  power,  and  that  its  constituents 
have  no  right  to  judge  of  its  acts,  is  extraordinary  and  un 
tenable. 

"  The  history  of  state  constitutions,  with  scarcely  an  excep 
tion,  will  exhibit  a  uniform  and  sacred  adherence  to  the  salu 
tary  rule  of  popular  ratification. 

"  The  practice  of  the  federal  and  state  governments,  in  the 
adoption  of  their  respective  constitutions,  exhibiting  the  wis 
dom  of  the  past,  will  furnish  us  with  a  safe  and  reliable  rule 
of  action. 

"  The  federal  constitution  was  first  proposed  by  a  conven 
tion  of  delegates  from  twelve  states,  assembled  in  Philadelphia. 
This  constitution  derived  no  authority  from  the  first  conven 
tion.  It  was  submitted  to  the  various  states,  fully  discussed 
In  all  its  features,  and  concurred  in  by  the  people  of  the  states 


VETO  MESSAGE.  203 

in  conventions  assembled ;  and  that  concurrence  armed  it  with 
power  and  invested  it  with  dignity.  Article  seventh  of  tho 
constitution  makes  the  ratification  of  nine  states,  three-fourths 
of  the  number  represented  in  the  convention,  essential  to  its 
adoption. 

"  In  the  adoption,  not  only  of  the  federal  constitution,  bul 
of  nearly  all  the  state  constitutions,  the  popular  ratification 
was  made  essential ;  and  all  amendments  to  those  of  most  of 
the  states  are  required  to  pass  two  legislatures,  and  then  be 
submitted  to  the  people  for  their  approval. 

"  In  Kentucky,  especially,  all  amendments  to  the  constitu 
tion  must  pass  two  legislatures,  and  for  two  years  be  submitted 
to  the  vote  of  the  people,  upon  the  question  of  convention  or 
no  convention,  on  the  specific  amendments  proposed. 

"  Treaties  made  by  ambassadors  are  not  binding  until  duly 
ratified  by  their  respective  governments,  whose  agents  they 
are. 

"  Members  of  the  legislature  or  of  conventions  are  but  the 
agents  of  the  people,  who  have  an  inherent  right  to  judge  of 
the  acts  of  their  agents,  and  to  condemn  or  approve  them,  as 
in  their  deliberate  judgment  they  may  deem  proper. 

"  The  fundamental  law  of  a  commonwealth  so  inseparably 
connected  with  the  happiness  and  prosperity  of  the  citizens, 
cannot  be  too  well  discussed,  and  cannot  pass  through  too 
many  ordeals  of  popular  scrutiny.' 

"  What  delegates  to  conventions  may  do  or  what  omit,  can 
not  be  known  until  they  have  assembled  and  developed  their 
action.  If  the  whole  power  be  vested  in  them  without  re 
course  over  to  the  people,  there  is  no  guarantee  that  the  popu 
lar  wishes  will  be  fairly  and  fully  expressed. 

"  Although  the  people  may  have  voted  for  a  convention  to 
form  a  state  constitution,  yet  they  have  by  no  just  rule  of  con 
struction  voted  away  the  usual  and  universal  right  of  ratifi 
cation. 

"  Special  instructions,  covering  every  point  arising  in  the 
formation  of  a  constitution,  cannot  be  given  in  the  elections 
preliminary  to  a  convention  ;  and  it  is,  therefore,  proper  that 
the  action  of  the  convention,  necessarily  covering  new  ground, 
should  be  submitted  to  the  people  for  their  consideration. 

"  The  practical  right  of  the  people  to  ordain  and  establish 
governments  is  found  in  the  expressive  and  beautiful  pream 
ble  to  the  federal  constitution — '  We  the  people/  &c.,  'do  or- 
duia  and  establish  this  constitution/ 


264  HISTORY  OF  KANSAS. 

"  Lot  the  constitution  of  Kansas  be  ratified  and  established 
by  the  solemn  vote  of  the  people,  surrounded  by  such  safe 
guards  as  will  insure  a  fair  and  unbiassed  expression  of  the 
actual  Itojia  fide  citizens,  and  it  will  remain  inviolably  fixed  in 
the  affections  of  the  people. 

"  In  his  report  upon  the  Toombs  bill,  its  distinguished  au 
thor  thus  logically  enumerates  the  various  steps  in  the  forma 
tion  of  a  constitution  :  '  the  preliminary  meetings ;  the  calling 
of  the  convention ;  the  appointment  of  delegates ;  the  assem 
bling  of  the  convention;  the  formation  of  the  constitution; 
the  voting  on  its  ratification;  the  election  of  officers  under  it.' 

"  In  the  same  report,  the  author  most  justly  remarks : — 
'  Whenever  a  constitution  shall  be  formed  in  any  territory, 
preparatory  to  its  admission  into  the  Union  as  a  state,  justice, 
the  genius  of  our  institutions,  the  whole  theory  of  our  repub 
lican  system,  imperatively  demand  that  the  voice  of  the  people 
shall  be  fairly  expressed,  and  their  will  embodied  in  that  fun 
damental  law,  without  fraud  or  violence,  or  intimidation,  or 
any  other  improper  or  unlawful  influence,  and  subject  to  no 
other  restrictions  than  those  imposed  by  the  Constitution  of 
the  United  States/ 

"  The  voice  of  the  people  fairly  expressed,  and  its  embodi 
ment  in  the  fundamental  law,  should  be  the  earnest  desire  of 
every  citizen  of  a  republic. 

"  But  how  can  the  voice  of 'the  people  be  fairly  expressed, 
and  their  will  be  embodied  in  the  organic  law,  unless  that  law, 
when  made,  be  submitted  to  them  to  determine  whether  it  is 
their  will  which  the  convention  has  proclaimed  ? 

"  The  leading  idea  and  fundamental  principle  of  our  organic 
act,  as  expressed  in  the  law  itself,  was  to  leave  the  actual 
bona  fide  inhabitants  of  the  territory  'perfectly  free  to  form 
and  regulate  their  domestic  institutions  in  their  own  way/ 
The  act  confers  almost  unlimited  power  upon  the  people,  and 
the  only  restriction  imposed  upon  its  exercise  is  the  Constitu 
tion  of  the  United  States. 

"  The  great  principle,  then,  upon  which  our  free  institutions 
rest,  is  the  unqualified  and  absolute  sovereignty  of  the  peo 
ple  y  and  constituting,  as  that  principle  does,  the  most  positive 
and  essential  feature  in  the  great  charter  of  our  liberties,  so  it 
is  better  calculated  than  any  other  to  give  elevation  to  our 
hopes  and  dignity  to  our  actions.  So  long  as  the  people  feel 
that  the  power  to  alter  the  form  or  change  the  character  of 
the  government  abides  in  them,  so  long  will  they  be  impressed 


VETO  MESSAGE.  265 

with  that  sense  of  security  and  of  dignity  which  must  ever 
spring  from  the  consciousness  that  they  hold  within  their  own 
hands  a  remedy  for  every  political  evil — a  corrective  for  every 
governmental  abuse  and  usurpation. 

"  'This  principle  must  be  upheld  and  maintained,  at  all  haz 
ards  and  at  every  sacrifice — maintained  in  all  the  power  and 
fulness — in  all  the  breadth  and  depth  of  its  utmost  capacity 
and  signification.  It  is  not  sufficient  that  it  be  acknowledged 
as  a  mere  abstraction,  or  theory,  or  doctrine ;  but  as  a  practi 
cal,  substantial,  living  reality,  vital  in  every  part.' 

u  The  idea  of  surrendering  the  sovereignty  of  the  territo 
ries,  the  common  property  of  the  people  of  the  several  states, 
into  the  hands  of  the  few  who  first  chanced  to  wander  into 
them,  is,  to  me,  a  political  novelty.  Is  it  just  that  the  terri 
tories  should  exercise  the  rights  of  sovereign  states  until  their 
condition  and  numbers  become  such  as  to  entitle  them  to  be 
admitted  into  the  union  on  an  equality  with  the  original 
states  ? 

"  In  speaking  of  the  proper  construction  of  the  Organic 
Act,  its  distinguished  author  remarks : — '  The  act  recognises 
the  rights  of  the  people  thereof,  while  a  territory,  to  form  and 
regulate  their  own  domestic  institutions  in  their  own  way, 
subject  only  to  the  Constitution  of  the  United  States,  and  to 
be  received  into  the  union,  as  soon  as  they  should  attain  the 
requisite  number  of  inhabitants,  on  an  equal  footing  with  the 
original  states  in  all  respects  whatever.' 

11  In  the  report  before  alluded  to,  the  author  says  : — '  The 
point  upon  which  your  committee  have  entertained  the  most 
serious  and  grave  doubts  in  regard  to  the  propriety  of  endors 
ing  this  proposition,  relates  to  the  fact  that,  in  the  absence  of 
any  census  of  the  inhabitants,  there  is  reason  to  apprehend 
that  the  territory  does  not  contain  sufficient  population  to  en 
title  them  to  demand  admission  under  the  treaty  with  France, 
if  we  take  the  ratio  of  representation  for  a  member  of  Con 
gress  as  the  rule/ 

44  In  accordance  with  the  foregoing  views,  I  remarked  in 
my  first  message  to  your  body,  that  t  the  durability  and  imper 
ative  authority  of  a  state  constitution,  when^  the  interests  of 
the  people  require  a  state  government,  and  a  direct  popular 
vote  is  necessary  to  give  it  sanction  and  effect,  will  be  the  pro 
per  occasion,  once  for  all,  to  decide  the  grave  political  ques 
tions  which  underlie  a  well  regulated  commonwealth.'  And 
in  another  portion  of  the  same  message,  I  said: — 'Justice  to 
23 


266  HISTORY  OF  KANSAS. 

the  country  and  the  dictates  of  sound  policy,  require  that  the 
legislature  should  confine  itself  to  such  subjects  as  will  pre 
serve  the  basis  of  entire  equality;  and  when  a  sufficient  popu 
lation  is  here,  and  they  choose  to  adopt  a  state  government, 
that  they  shall  be  "  perfectly  free,"  without  let  or  hindrance, 
to  form  all  their  domestic  institutions  in  their  own  way,  and  to 
dictate  that  form  of  government,  which,  in  their  deliberate 
judgment,  may  be  deemed  proper.' 

"  The  expressions,  '  requisite  number  of  inhabitants,'  'suf 
ficient  population,' — and  others,  of  similar  import,  can  have 
no  other  meaning  than  that  given  them  by  our  leading  states 
men,  and  by  the  common  judgment  of  the  country,  to  wit : — 
'  the  ratio  of  representation  for  a  member  of  Congress/ 

"  The  present  ratio  for  a  member  of  Congress,  is  93,420  in 
habitants.  What,  then,  is  the  present  population  of  Kansas ; 
or  what  will  it  be  on  the  15th  of  March  next  ?  as  after  that 
time,  no  person  arriving  in  the  territory  can  vote  for  a  mem 
ber  of  the  convention  under  the  provisions  of  this  bill. 

"  At  the  last  October  election,  the  whole  vote  polled  for 
delegate  to  Congress,  was  four  thousand  two  hundred  and 
seventy-six;  (4276;)  while  the  vote  in  favor  of  a  convention 
to  frame  a  state  constitution,  was  but  two  thousand  six  hun 
dred  and  seventy.  (2670.) 

11  It  is  a  well  known  fact,  to  every  person  at  all  conversant 
with  the  circumstances  attending  the  last  election,  that  the 
question  of  a  state  government  entered  but  little  into  the  can 
vas,  and  the  small  vote  polled  for  a  convention  is  significantly 
indicative  of  the  popular  indifference  on  the  subject. 

"No  one  will  claim  that  2670  is  a  majority  of  the  voters 
of  this  territory,  though  it  is  a  majority  of  those  voting,  and 
it  is  conceded  that  those  not  voting  are  bound  by  the  act  of 
those  who  did. 

"  The  bill  under  consideration  seems  to  be  drawn  from  the 
bill  known  as  the  Toombs  Bill ;  but  in  several  respects  it  dif 
fers  from  that  bill,  and  in  these  particulars  it  does  not  furnish 
equal  guarantees  for  fairness  and  impartiality.  The  former 
secured  the  appointment  of  five  impartial  commissioners  to 
take  and  correct  the  census,  to  make  a  partial  apportionment 
among  the  several  counties,  and  generally  to  superintend  all 
the  preliminaries  so  as  to  secure  a  fair  election,  while  by  the 
present  bill  all  these  important  duties  are  to  be  performed  by 
probate  judges  and  sheriffs,  elected  by  and  owing  allegiance  to 
a  party.  It  differs  in  other  important  particulars.  The  bill 


VETO  MESSAGE.  267 

of  Mr.  Toombs  conferred  valuable  rights  and  privileges  upon 
this  territory,  and  provided  means  to  pay  the  expenses  of  the 
convention ;  while  this  bill  does  neither. 

"  If  we  are  disposed  to  avail  ourselves  of  the  wisdom  of  the 
past,  we  will  pause  some  time  before  we  throw  off  our  territo 
rial  condition,  under  present  circumstances,  by  the  adoption 
of  a  state  government. 

"  The  state  of  Michigan  remained  a  territory  for  five  years 
after  she  had  the  requisite  population,  and  so  with  other 
states  ;  and  when  they  were  admitted,  they  were  strong  enough 
in  all  the  elements  of  material  wealth  to  be  self-supporting. 
And  hence  they  knocked  at  the  door  of  the  union  with  that 
manly  confidence  which  spoke  of  equality  and  self-reliance. 

"  California  was  admitted  under  peculiar  and  extraordinary 
circumstances.  Her  rich  mines  of  the  precious  metals  at 
tracted  a  teeming  population  to  her  shores,  and  her  isolated 
position  from  the  parent  government,  with  her  superabundant 
wealth,  at  once  suggested  the  experiment  of  self-government) 
and  at  the  time  of  her  state  constitution,  ratified  by  the  vote 
of  the  people,  the  population  of  California  entitled  her  to  two 
representatives  in  Congress. 

"  I  observe  by  the  message  of  the  governor  of  Minnesota, 
that  the  population  of  that  thriving  territory  exceeds  180,000. 
The  taxable  property  amounts  to  between  thirty  and  thirty- 
five  millions  of  dollars.  And  in  view  of  these  facts,  and  of 
the  large  increase  of  agricultural  products,  cash  capital,  etc., 
the  governor  favors  a  change  from  a  territorial  to  a  state 
government.  To  this  end  he  suggests  that  a  convention  be 
called  to  form  a  constitution ;  that  an  act  be  passed  for  the 
taking  of  a  census  in  April,  and  for  such  other  preliminary 
steps  as  are  necessary;  and  that  if  the  constitution  be  l  rati 
fied  by  the  people'  at  the  next  October  election,  it  shall  be 
presented  to  Congress  in  December  following. 

u  These  facts  furnish  an  additional  argument  why  the  con 
stitution  should  be  submitted  to  the  people,  as  the  majority, 
preferring  a  territorial  government,  and  thinking  a  state 
government  premature,  may  desire  to  avail  themselves  of  that 
opportunity  to  vote  against  any  state  constitution  whatever. 

"  Burthened  with  heavy  liabilities ;  without  titles  to  our 
lands;  our  public  buildings  unfinished;  our  jail  and  court 
houses  not  erected ;  without  money  even  to  pay  the  expense9 
of  a  convention  ;  and  just  emerging  from  the  disastrous  effects 
of  a  bitter  civil  feud ;  it  seems  unwise  fol  a  few  thousand  peo- 


268  HISTORY  OF  KANSAS. 

pie,  scarcely  sufficient  to  make  a  good  county,  to  discard  the 
protecting  and  fostering  care  of  a  government,  ready  to  assist 
us  with,  her  treasures  and  to  protect  us  with  her  armies. 

"  JNO.  W.  GEARY, 
11  Governor  of  Kansas  Territory. 
"  Lecompton,  K.  T.,  February  19,  1857." 

Notwithstanding  these  objections,  the  bill  was  adopted, 
without  discussion,  by  an  almost  unanimous  vote  of  both 
branches  of  the  Assembly.  The  pro-slavery  party  were  in  rap 
tures.  They  did  not  pretend  to  conceal  their  exultation.  They 
freely  boasted  that  they  had  now  the  advantage  of  their  polit 
ical  adversaries,  and  that  the  question  of  slavery  in  Kansas 
was  no  longer  a  matter  of  uncertainty.  So  positive  were  they 
that  the  whole  affair  was  entirely  at  their  own  disposal,  and 
that  the  territory  would  soon  become  a  slave  state,  that  they 
went  to  work  to  select  officers  for  its  management,  ridicul 
ing  any  expression  of  doubt  in  regard  to  their  success. 

The  new  secretary  of  the  territory,  Mr.  Stanton,  and  also 
Governor  Walker,  have  endeavored  to  convince  the  free-state 
people  that  it  is  the  intention  of  the  pro-slavery  convention  to 
submit  the  constitution  they  may  frame,  to  the  people  of  the 
territory  for  their  ratification,  previous  to  its  being  presented  to 
Congress.  If  these  gentlemen  are  sincere  in  the  expression 
of  this  opinion,  they  have  been  most  successfully  blindfolded 
by  the  persons  from  whom  they  received  their  ideas  of  Kan 
sas  affairs  before  entering  upon  the  duties  of  their  mission. 
The  very  reverse  of  this  was  the  avowed  intention  of  the  pro- 
slavery  leaders.  That  the  people  should  have  no  voice  in  the 
matter,  was  the  object  of  their  chief  concern.  Hence,  none 
should  vote  save  those  who  were  registered  as  being  in  the 
territory  prior  to  the  15th  of  March ;  and  hence  the  early 
election  in  June,  and  the  putting  off  the  meeting  of  the  con 
vention  until  September,  that  no  time  would  be  allowed  to 
pass  between  the  termination  of  their  labors  and  the  organi 
zation  of  Congress.  The  principal  operators  in  this  scheme 
did  not  hesitate  to  aver  that  their  only  hope  was  in  getting  the 
constitution  through  Congress  despite  the  wishes  of  the  ma 
jority  of  the  inhabitants,  which  would  not  be  the  case  should 
it  be  submitted  to  the  popular  vote. 

The  fairness  of  their  intentions  may  be  learned  from  the 
manner  in  which  the  census  has  been  taken,  the  apportion 
ments  made,  and  thijcharacter  of  the  parties  who  are  noiniiia- 


269 

ted  as  delegates  to  the  convention.  Such  names  as  Hender 
son,  Calhoun,  Boliug,  Jones,  &c.,  should  certainly  encourage 
the  free-state  settlers  to  hope  that  justice  will  be  done  them. 
The  taking  of  the  census  was  a  mere  farce  and  a  gross  impo 
sition.  No  returns  were  made  of  some  of  the  largest  towns 
in  the  territory,  and  even  whole  counties  were  neglected.  To 
have  carried  out  the  letter  of  the  law  in  this  regard,  would 
have  been  a  useless  trouble  and  expens^piB-'the  whole  matter 
was  settled  when  the  law  was  passed.  A  writer,  who  dates 
from  Lecompton,  May  25,  1857,  says : — 

"  A  proclamation  has  been  issued  for  the  delegate  election, 
by  Mr.  Stanton,  as  acting  governor.  An  apportionment  of  rep 
resentation  has  been  made  by  him.  Out  of  thirty-six  counties, 
as  organized  by  the  authorities,  only  twenty-one  have  even  a 
nominal  representation.  The  census  has  only  been  taken  in 
ten  of  these,  and  in  only  some  portions  of  these  ten.  In  six 
of  these  twenty-one  counties  thus  reported,  no  census  was 
taken,  but  a  list  of  voters  was  taken  from  their  old  poll-books , 
this  having  been  done  after  the  time  for  taking  the  census 
had  expired.  The  other  five  are  counties  forming  parts  of 
districts  which  are  mentioned  because  they  are  connected 
with  others ;  but  in  these  no  census  was  taken,  and  no  former 
vote  or  representation  on  account  of  former  vote,  has  been 
allowed.  By  this  proclamation  three-fifths  of  the  settled 
counties  of  the  territory  are  allowed  no  representation.  In 
these  there  are  at  least  two-fifths  of  the  people  in  the  whole 
territory,  and  including  the  emigration  of  this  spring,  one- 
half. 

"  There  are  twenty  counties  to  the  south  of  the  Kansas  river, 
lying  in  a  great  solid  mass,  and  filled  with  free-state  towns 
and  settlements,  teeming  with  active  life  and  industry;  in 
one-half  of  them  the  great  majority  of  claims  are  taken,  and 
all  are  about  as  well  settled  as  the  majority  of  counties  in  most 
of  the  western  states,  and  the  whole  of^these  are  left  without  a 
particle  of  representation  by  this  proclamation  !" 

One  part  of  the  plan,  as  explained  to  Governor  Geary,  is  to 
adopt  a  constitution  in  which  no  reference  whatever  shall  be 
made  to  the  subject  of  slavery;  and  this  fact  has  been  an 
nounced  in  the  administration  organs  as  an  evidence  of  the 
conciliatory  disposition  of  the  pro-slavery  party  of  Kansas. 
But  the  pretended  merit  of  this  scheme  will  disappear  as  soon 
as  it  is  understood  that  slavery  already  exists  in  the  territory, 
by  statute ;  and  even  though  no  mention  may  be  made  of  it  in 
23* 


270  HISTORY  OF  KANSAS. 

the  constitution,  it  will  still  remain  an  established  institution 
of  the  new  state. 

The  pro-slavery  papers  of  the  country  have  also  claimed  for 
the  late  Legislative  Assembly  much  credit  for  having  repealed 
the  odious  aud  oppressive  test  and  election  laws  created  at  the 
preceding  session.  But  in  this  matter  a  reprehensible  decep 
tion  has  been  practised.  In  repealing  certain  sections  of  these 
enactments,  the  legislature  took  especial  care  to  permit  others 
to  remain  upon  the  statute  books,  which  contain  all  their  most 
obnoxious  features ;  so  that,  in  fact,  no  improvement  has  been 
made.  These  acts,  which  "are  disgraceful  to  the  age,"  are 
claimed,  as  has  already  been  said,  to  be  the  production  of  a 
member  from  Missouri,  who,  in  explanation  of  their  existence, 
has  since  said:  "Well,  I  wrote  them  one  night  when  I  was 
drunk,  and  presented  them  more  for  fun  than  anything  else  j 
but  they  were  unanimously  adopted,  all  the  members  being  as 
drunk  as  myself;  though  none  of  us  intended  that  they  should 
ever  be  enforced."  The  plea  of  insanity,  well  sustained,  is 
all-sufficient  in  a  court  of  law ;  that  of  drunkenness  does  not 
excuse  the  conduct  of  an  offender. 

The  Legislative  Assembly  adjourned  at  midnight,  on  the  21st 
of  February,  when  the  members  of  both  houses,  with  all  the 
clerks,  door-keepers,  and  other  attaches,  called  upon  the  gov 
ernor,  in  a  body,  to  pay  their  respects,  previous  to  their 
departure  for  their  several  homes.  This  was  a  sort  of  salvo 
for  the  wholesale  abuse  of  which  he  had  been  for  six  weeks 
the  constant  subject. 

Jan.  '23d — A  letter  was  received  from  Secretary  Marcy,  in 
which  he  expresses  great  concern  about  the  meeting  of  the 
Topeka  Legislature,  already  noticed.  He  says: — 

"  I  learn,  with  regret,  that  a  body  of  men  calling  themselves 
i  Legislature,  are  about  to  assemble  at  Topeka.  The  Presi 
dent's  views  in  relation  to  the  origin  and  purpose  of  such  an 
assemblage,  assuming  the  name  and  function  of  a  legislative 
body,  are  fully  set  forth  in  his  message  to  Congress  of  the 
24th  day  of  January,  1856,  a  copy  of  which  accompanied 
your  instructions.  The  title  used  is,  in  itself,  an  unwWrant- 
able  assumption.  There  can  be  but  one  legal  legislative  as 
sembly  in  Kansas,  and  that,  the  one  organized  under  the  law 
of  Congress.  The  assembling  of  the  body  referred  to  under 
^the  name  and  in  the  character  of  a  legislature,  is  a  procedure 
which  ought  to  receive  no  countenance,  whatever  may  be  the 


PETITION  OF  PRISONERS.  271 

assurances  of  any  individuals  as  to  the  acts  which  it  will  or 
will  not  do." 

*2$th. — A  dispatch  from  the  governor  to  the  Secretary  of 
State,  of  this  date,  contains  the  following  paragraph : — 
%  "  The  peace  of  the  country  remains  unimpaired,  and  I  have 
daily  the  most  gratifying  evidence  of  the  general  feeling  of 
security  which  pervades  all  classes  of  the  community.  Not 
withstanding,  there  are  some  amongst  us  who  cannot  exist 
much  longer  without  commotion.  I  am  closely  watching 
their  movements,  and  am  determined  to  maintain  peace  at 
every  hazard." 

In  the  same  communication  the  necessity  of  additional  land 
offices  is  urged,  and  also  the  disposal  at  an  early  day  of  the 
residue  of  the  Delaware  Trust  Lands. 

28^/i. — A  requisition,  through  the  hands  of  Charles  P. 
Arnold,  was  received  by  Governor  Geary  from  Governor  Wise 
of  Virginia,  for  the  arrest  of  a  fugitive  from  that  state  named 
J.  L.  McCubbin,  charged  with  the  larceny  of  nine  hundred 
dollars.  Governor  Geary  immediately  dispatched  a  force  of 
dragoons  in  company  with  Mr.  Arnold  and  a  deputy  marshal, 
in  pursuit  of  McCubbin,  who  was  arrested,  and  sent  back  to 
Virginia. 

3 1st — A  communication  having  appeared  in  the  Topeka 
Tribune,  written  by  its  special  correspondent,  and  reflecting 
somewhat  severely  upon  Judge  Elmore,  the  latter  met  Mr. 
Kagi,  the  author,  in  front  of  the  Court  House,  in  Tecumseh, 
and  attempted  to  chastise  him  by  striking  him  across  the  head 
with  a  cane.  Kagi  drew  a  pistol  and  inflicted  a  severe  flesh 
wound  in  the  thigh  of  Elmore,  when  the  latter  fired  several 
shots  at  Kagi,  who  had  started  to  run,  one  of  which  slightly 
wounded  him  in  the  side.  Neither  of  them  was  seriously 
injured.  An  attempt  to  create  an  excitement  on  this  occasion 
proved  a  failure. 

March  3d. — The  prisoners  at  Tecumseh  petitioned  Governor 
Geary  to  do  something  toward  the  amelioration  of  their  condi 
tion.  They  represented  that  for  four  days  the  only  article  of 
subsistence  they  had  was  coffee.  The  person  who  had  con 
tracted  to  furnish  provisions,  had  stopped  the  rations  because 
of  the  marshal  having  neglected  to  pay  his  bills. 

6th. — The  ice  in  the  Kansas  river,  which  had  been  frozen 
over  for  a  long  while,  broke  up  in  consequence  of  a  freshet 
produced  by  heavy  rains  which  had  continued  several  days. 


272  HISTORY  OF  KANSAS. 

All  communication  between  the  north  and  south  sides  of  the 
river  was,  for  the  time  being,  consequently  suspended. 


CHAPTER  XLII. 

Governor  Geary's  instructions. — The  United  States  troops. — Enrolment, 
mustering  and  discharge  of  the  militia. — The  troops  withheld  from  the 
service  of  the  governor. 

SOON  after  his  appointment,  and  before  his  departure  for 
the  west,  Governor  Geary  received  the  following  instructions  : — 

"  Department  of  State  : 

"  Washington,  August  20,  1856. 

"Sir:  The  present  condition  of  the  territory  of  Kansas  renders 
your  duties  as  governor  highly  responsible  and  delicate.  In  the  in 
structions  heretofore  communicated  to  your  predecessor,  in  February 
lust ;  in  the  annual  message  to  Congress  of  the  24th  of  the  previous 
December ;  and  in  orders  issued  from  the  War  Department  (printed 
copies  of  which  are  herewith  furnished),  you  will  find  the  policy  of 
the  President  fully  presented.  It  is  first,  to  maintain  order  and  quiet 
in  the  territory  of  Kansas ;  and,  second,  if  disturbances  occur  therein, 
to  bring  to  punishment  the  offenders. 

"  Should  the  force  which  has  been  provided  to  attain  these  objects 
prove  insufficient,  you  will  promptly  make  known  that  fact  to  the 
President,  that  he  may  take  such  measures  in  regard  thereto  as  to 
him  may  seem  to  be  demanded  by  the  exigencies  of  the  case. 

"It  is  important  that  the  President  should  be  kept  well  informed 
as  to  the  state  of  things  in  Kansas,  and  that  the  source  of  the  informa 
tion  should  be  such  as  to  insure  its  accuracy.  You  are  therefore 
directed  by  him  to  communicate  constantly  with  this  department. 
Such  facts  as  it  is  deemed  important  to  have  early  known  here,  you 
will  cause  to  be  transmitted  by  telegraph  as  well  as  by  mail. 

"  The  President  indulges  a  hope,  that,  by  your  energy,  impartiality, 
and  discretion,  the  tranquillity  of  the  territory  will  be  restored,  and 
the  persons  and  property  of  the  citizens  therein  protected. 
"  I  am,  sir,  &c., 

"W.  L.  MARCY." 

"  His  Excellency,  John  W.  Geary, 

"Governor  of  Kansas  Territory." 

In  order  that  the  governor  might  have  ample  means  to 
carry  out  these  instructions,  and  "  to  maintain  order  and 
quiet  in  the  territory  of  Kansas,  and  if  disturbances  occurred 
therein,  to  bring  to  punishment  the  offenders"  he  was  not 


GOVERNOR  GEARY'S  INSTRUCTIONS.  273 

only  given  discretionary  powers  as  to  the  expenditure  of  money, 
but  was  directed,  if  he  found  the  United  States  forces  inade 
quate,  not  only  to  muster  into  the  service  the  militia  of  the 
territory,  but  to  avail  himself  of  requisitions  made  upon  the 
governors  of  other  states.  A  letter  received  from  the  secre 
tary  of  state  was  as  follows  : — 

"  Department  of  State  : 

"  Washington,  September  2,  1856. 

"  Sir :  Reliable  information  having  reached  the  President  that  armed 
and  organized  bodies  of  men,  avowedly  in  rebellion  against  the  terri 
torial  government,  have  concentrated  in  such  numbers  as  to  require 
additional  military  force  for  their  dispersion,  you  will  have  the  militia 
of  the  territory,  completely  enrolled  and  organized,  to  the  end  that 
they  may  on  short  notice  be  brought  into  the  service  of  the  United 
States.  Upon  requisition  of  the  commander  of  the  military  depart 
ment  in  which  Kansas  is  embraced,  you  will  furnish  by  companies,  or 
regiments,  or  brigades,  or  divisions,  such  number  and  composition  of 
troops,  as,  from  time  to  time,  you  may  find,  on  his  report  to  you,  to 
be  necessary  for  the  suppression  of  all  combinations  to  resist  the  laws 
of  the  United  States  too  powerful  to  be  suppressed  by  the  civil  autho 
rity,  and  for  the  maintenance  of  public  order  and  civil  government  in 
the  territory. 

"  I  am,  sir,  &c., 

"W.  L.  MABCT. 
"  To  His  Excellency,  John  W.  Geary, 

"Governor  of  the  Territory  of  Kansas.  Lecompton." 

A  dispatch  was  also  forwarded  to  General  Smith,  by  the 
secretary  of  war.  From  the  instructions  this  contains,  as  well 
as  from  the  tenor  of  other  documents  that  will  be  found  in 
this  chapter,  it  is  quite  palpable  that  the  administration  at 
Washington  had  been  utterly  deceived  in  regard  to  the  true 
condition  of  things  in  Kansas,  and  was  laboring  under  the 
strange  hallucination  that  all  the  difficulties  existing  there 
were  attributable  to  free-state  settlers  and  invaders.  These 
were  the  only  persons  who  were  supposed  to  be  violating  "the 
peace  and  quiet"  of  the  territory ;  these  were  the  only  offenders 
whom  Governor  Geary  was  expected  to  "  bring  to  punishment ;" 
these  were  the  parties  against  whom  the  troops  were  to  be  em 
ployed;  and  hence  it  is  not  difficult  to  account  for  the  fact  that 
the  countenance  of  the  administration  was  withheld  and  the 
troops  withdrawn  from  him,  as  soon  as  it  was  ascertained  that 
he  had  so  far  misunderstood  his  instructions  and  the  wishes 
of  his  employers,  as  to  cause  the  arrest  of  a  pro-slavery  mur 
derer.  All  went  well  so  long  as  he  continued  to  cram  the 
filthy  jail  with  free-state  prisoners;  but  his  fate  was  sealed 
S 


274  HISTORY  OF  KAN7SAS. 

when  he  exhibited  a  disposition  to  punish  their  political  oppos- 
ers.  This  was  no  part  of  the  programme,  aud  the  powers  at 
Washington  were  astonished  that  Geary  did  not  understand,  or, 
understanding,  did  not  lend  his  aid  to  further  their  policy. 
The  following  is  a  copy  of  the  dispatch  from  the  secretary  of 
war : — 

"War  Department: 

"  Wellington,  Septembers,  1856. 

"Sir:  Your  dispatch  of  22d  August  aud  its  enclosures  sufficiently 
exhibit  the  inadequacy  of  the  force  under  your  command  to  perform 
the  duties  which  have  been  devolved  upon  you  in  the  present  unhappy 
condition  of  Kansas  by  the  orders  and  instructions  heretofore  com 
municated.  To  meet  this  exigency,  the  President  has  directed  the 
governor  of  the  territory  to  complete  the  enrolment  and  organization 
of  the  militia,  as  you  will  find  fully  set  forth  in  the -enclosed  copy  of 
a  letter  addressed  to  him  by  the  secretary  of  state ;  and  the  president 
has  directed  me  to  say  to  you  that  you  are  authorized,  from  time  to 
time,  to  make  requisitions  upon  the  governor  for  such  militia  force  as 
you  may  require  to  enable  you  promptly  and  successfully  to  execute 
your  orders  and  suppress  insurrection  against  the  government  of  the 
territory  of  Kansas,  and  under  the  circumstances  heretofore  set  forth 
in  your  instructions,  to  give  the  requisite  aid  to  the  officers  of  the 
civil  government  who  may  be  obstructed  in  the  due  execution  of  the 
law.  Should  you  not  be  able  to  derive  from  the  militia  of  Kansas 
the  adequate  force  for  these  purposes,  such  additional  number  of 
militia  as  may  be  necessary  will  be  drawn  from  the  states  of  Illinois 
and  Kentucky,  as  shown  in  the  requisition,  a  copy  of  which  is  here 
enclosed. 

"The  views  contained  in  your  instructions  to  the  officers  command 
ing  the  troops,  under  date  of  August  19,  are  fully  approved,  and 
accord  so  entirely  with  the  purposes  of  the  executive  as  to  leave  but 
little  to  add  in  relation  to  the  course  which  it  is  desired  you  should 
pursue.  The  position  of  the  insurgents,  as  shown  by  your  letter  and 
its  enclosures,  is  that  of  open  rebellion  against  the  laws  and  consti 
tutional  authorities,  with  such  manifestation  of  a  purpose  to  spread 
devastation  over  the  land  as  no  longer  justifies  further  hesitation  or 
indulgence.  To  you,  as  to  every  soldier  whose  h.-ibitual  feeling  is  to 
protect  the  citizens  of  his  own  country,  and  only  to  use  his  arms 
ajrainst  a  public  enemy,  it  cannot  be  otherwise  than  deeply  painful  to 
be  brought  into  conflict  with  any  portion  of  his  fellow-countrymen  ; 
but  patriotism  and  humanity  alike  require  that  rebellion  should  be 
promptly  crushed,  and  the  perpetration  of  the  crimes  which  now  dis.- 
turb  the  peace  and  security  of  the  good  people  of  the  territory  of 
Kansas  should  be  effectually  checked.  You  will,  therefore,  energeti 
cally  employ  all  the  means  within  your  reach  to  restore  the  supremacy 
of  law,  always  endeavoring  to  carry  out  your  present  purpose  to  pre 
vent  the  unnecessary  effusion  of  blood. 

"  In  making  your  requisitions  for  militia  force,  you  will  be  governed 
by  the  existing  organization  of  the  army  and  the  laws  made  and  pro 
vided  in  such  cases.  When  companies,  regiments,  brigades,  or  divi- 


INSTRUCTIONS  TO  GOVERNOR  GEARY.  275 

nions  are  presented  to  be  mustered  into  the  service  of  the  United 
States,  you  will  cause  them,  before  they  are  received,  to  be  minutely 
inspected  by  an  officer  of  your  command,  appointed  for  the  purpose. 
"Very  respectfully,  your  obedient  servant, 

"JEFFERSON  DAVIS, 

"  Secretary  of  War. 
"  Major-General  Persifer  F.  Smith, 

"  Commanding  Department  of  the  West." 

The  following,  sent  by  telegraph  to  the  governor,  establishes 
the  fact  beyond  a  doubt,  that  the  government  regarded  all  the 
offences  as  coming  from  one  party,  the  free-state ;  because, 
•while  it  points  out,  with  exaggeration,  outrages  alleged  to  have 
been  committed  by  that  party,  it  makes  no  mention  of,  nor 
reference  to,  the  still  greater  enormities  perpetrated  by  the 
pro-slavery  agitators  and  invaders  : — 

"  Washington,  September  9,  1856. 
"  To  J.  W.  GEARY. 

"  I  presume  the  orders  sent  by  Colonel  Emory  on  the  3d  instant 
have  already  reached  you.  If  the  militia  which  those  orders  made 
subject  to  the  requisition  of  General  Smith  are  not  sufficient  for  the 
exigency,  notify  me  by  telegraph.  The  insurrectionary  invasion  of  the 
territory  by  the  way  of  Nebraska,  and  the  subsequent  hostile  attacks  on 
cht  post-office  at  Franklin,  and  on  the  dwellings  of  Titus  and  of  Clarke, 
seem  to  have  stimulated  to  unlawful  acts  of  the  same  character  on  the 
borders  of  Missouri.  The  President  expects  you  to  maintain  the  public 
peace,  and  to  bring  to  punishment  all  acts  of  violence  or  disorder  by 
•whomever  perpetrated  and  on  whatever  pretext.  And  he  relies  on 
your  energy  and  discretion,  and  the  approved  capacity,  decision,  and 
coolness  of  character  of  General  Smith,  to  prevent  or  suppress  all 
attempts  to  kindle  civil  war  in  the  territory  of  Kansas.  A  commu 
nication  on  the  same  subject  has  this  day  been  telegraphed  to  General 
Smith,  by  the  secretary  of  war,  with  positive  directions  that  no  parties 
or  bodies  of  armed  men  shall  be  allowed  to  carry  on  military  opera 
tions  in  the  territory,  save  such  persons  as  are  enrolled  by  him  into 
the  service  of  the  United  States. 

"W.  L.  MARCY, 

"Secretary  of  State." 

It  is  true  that  the  honorable  secretary  of  state  here  directs 
the  governor  to  "  bring  to  punishment  all  acts  of  violence  or 
disorder,  by  whomever  perpetrated,  and  on  whatever  pretext ;" 
but,  at  the  same  time,  while  he  distinctly  points  to  every  of 
fence  that  could  be  charged  against  the  free-state  men,  even  to 
a  hostile  attack  upon  ihe.  house  of  Clarke,  which  house  had 
never  been  molested,  he  seems  to  have  been  entirely  oblivious 
of  the  fact  that  General  Reid  and  Captain  Pate  and  General 
Whitfield,  at  the  head  of  armed  bands  of  Missourians,  had 


276  HISTORY  OF  KANSAS. 

invaded  the  territory,  sacked  towns,  robbed  post-offices,  burned 
houses,  ravished  and  branded  women,  stolen  horses  and  cattle, 
destroyed  crops,  and  committed  other  enormities  too  horrible 
to  imagine  or  describe.  He  seemed  insensible  of  the  fact,  that 
a  baud  of  marauders,  under  the  command  of  this  very  man 
Clarke,  whose  house  is  falsely  alleged  to  have  been  assailed,  had 
pillaged  stores  and  dwellings,  and  after  having  murdered  a  man 
in  the  most  brutal  manner,  buried  him  a  few  inches  below  the 
ground,  leaving  his  hands  sticking  out  for  tomb-stones ;  and 
at  the  time  the  secretary  was  writing  his  dispatch,  an  immense 
army  was  congregating  in  Missouri,  carrying  black  flags  as  the 
indices  of  their  murderous  intentions,  for  the  purpose  of  in 
vading  Kansas,  under  the  authority  of  the  governor,  to  destroy 
free-state  towns  and  massacre  their  inhabitants.  These  were 
not  the  men  whom  Governor  Geary  was  expected  to  "  bring 
to  punishment;"  for  he  no  sooner  dared  to  lay  his  hand  upon 
the  worst  assassin  of  them  all,  than  he  was  clearly  given  to 
understand  that  his  services  were  no  longer  needed. 

Immediately  after  the  dismissal  of  the  volunteers  called  into 
service  by  Secretary  Woodson,  as  related  in  another  chapter, 
Governor  Geary  gave  the  requisite  instructions  for  the  enrol 
ment  of  all  the  actual  citizens  of  the  territory,  with  a  view  to 
the  proper  organization  of  the  militia,  to  be  mustered  into  the 
service  of  the  government  whenever  exigencies  should  seem 
to  require.  It  was  soon  apparent  that  several  companies  would 
be  needed  to  assist  the  civil  authorities  to  execute  warrants,  to 
guard  the  prisoners  of  the  territory,  and  to  aid  in  the  mainte 
nance  of  the  peace  in  various  localities.  General  Smith  being 
made  aware  of  this  fact,  he  made  requisition,  as  follows,  upon 
the  governor,  for  three  companies,  one  of  cavalry  and  two  of 
infantry,  to  be  mustered  into  the  regular  service  of  the  United 
States : — 

"  Head  Quarters,  Department  of  the  West, 

"  Fort  Leavenworth,  September  17,  1856. 
"  His  EXCELLENCY,  J.  W.  GEARY, 

"  Governor  of  the  Territory  of  Kansas. 

"  Sir:  By  virti>e  of  the  authority  given  me  by  the  President  of  the 
United  States,  a  copy  of  which  is  in  your  possession,  I  have  the  honor 
to  make  a  requisition  on  you  for  two  companies  of  militia,  infantry, 
for  the  service  of  the  United  States. 

"•Each  company  to  consist  of  one  captain,  one  first-lieutenant,  four 
sergeants,  four  corporals,  two  musicians,  and  seventy-four  pi'ivates. 
"  The  companies,  when  ready,  will  be  mustered  into  the  service  of 


THE  KANSAS  MILITIA.  277 

the  United  States  by  an  officer  who  will  be  detailed  for  that  purpose 
by  Lieutenant-Colonel  Cooke  from  his  command. 

"  With  the  highest  respect,  your  obedient  servant, 

'•  PKRSIFER  F.  SMITH, 
"  Bt.  Major-General  commanding  Department." 

On  the  28th,  a  similar  requisition  was  made  "  for  one  com 
pany  of  cavalry,  to  consist  of  one  captain,  one  first-lieutenant, 
one  second-lieutenant,  four  sergeants,  four  corporals,  two  bu 
glers,  one  farrier  and  blacksmith,  and  seventy-four  privates/7 

These  companies  were  forthwith  organized  and  duly  mustered 
into  the  service  for  the  period  of  three  months,  by  United  States 
officers  detailed  for  that  purpose.  One  of  these  infantry  com 
panies  was  raised  at  Lawrence,  and  was  composed  entirely  of 
free-state  men,  under  the  command  of  Captain  Samuel  Walker. 
The  others  were  enrolled  and  stationed  at  Leconipton,  and  were 
all  of  the  pro-slavery  party,  the  mounted  company  commanded 
by  Captain  John  Wallis,  and  the  infantry  by  Captain  John 
Donaldson.  In  all  they  numbered  nearly  two  hundred  and 
fifty  men.  Colonel  H.  T.  Titus  having  been  commissioned  by 
the  governor,  as  his  aid-de-camp,  had  special  direction  of  these 
troops. 

Peace  being  thoroughly  established  in  every  part  of  the  ter 
ritory,  and  the  militia  wearying  of  their  inactivity,  became 
desirous  of  returning  to  the  pursuits  of  civil  life,  and  on  the 
19th  of  November  the  free-state  company  at  Lawrence  ad 
dressed  a  communication  to  the  governor,  signed  by  the  captain 
and  all  his  men,  as  follows  : — 

"The  undersigned,  members  of  the  Kansas  militia,  mustered 
into  the  service  of  the  United  States,  at  Lawrence,  K.  T.,  in 
obedience  to  your  call,  would  respectfully  submit,  that  when 
our  services  were  required,  the  territory  was  distracted  with 
internal  feuds  and  threatened  with  invasion  by  those  from 
abroad  who  had  no  residence  in  the  country,  then,  since,  or 
prospectively. 

"  We  were  ready  to  give  assistance  in  staying  the  hand  of 
violence,  which  had  laid  this  country  waste,  to  some  extent 
depopulated  it,  and  made  life  insecure.  We  trusted  you  were 
sincere  in  your  professions  to  act  justly  towards  the  settlers,  and 
we  cheerfully  left  our  ordinary  occupations  to  aid,  so  far  as  we 
could,  in  restoring  peace  and  quiet  to  this  unfortunate  territory. 

u  We  have  watched  your  course  since  your  arrival  amongst 
us  as  our  executive,  with  much  anxiety,  and  although  we  ha1-* 


278  HISTORiT  OF  KANSAS, 

•wished  to  see  you  do  what  you  have  not  done,  still  we  are  sen 
sible,  and  bear  it  in  grateful  remembrance,  that,  by  your  activity 
and  energy,  you  have  done  much  towards  the  restoration  of 
that  feeling  of  protection  that  all  who  live  under  organized 
governments  have  a  right  to  expect.  We  thank  you  for  it, 
and  trust  confidently  that  you  may  not  forget  that  we  are  part 
and  parcel  of  this  great  republic,  although  we  may  differ  from 
our  neighboring  state  on  some  political  subjects. 

"We  now  feel  that  you  have  the  power  and  will  to  protect 
the  citizens  of  the  country,  and  that,  therefore,  our  services 
are  not  required.  If  you  think  such  is  the  case,  we  request 
to  be  permitted  to  return  to  our  several  occupations,  with  the 
assurance  that  should  you  require  our  assistance  in  the  future, 
you  may  be  sure  that  right  and  justice  to  all  will  always  be  the 
object  of  our  best  efforts,  and  should  you  call  for  them,  they 
will  be  given  to  you  with  unreserved  zeal  and  fidelity/' 

Upon  the  receipt  of  this  petition,  the  governor  addressed  a  let 
ter  to  General  Smith,  informing  him  of  the  continuation  of  the 
general  peace,  and  that  the  services  of  the  militia  could  be  dis 
pensed  with,  and  suggested  "the  propriety  of  mustering  them 
out  of  the  service,  in  order  that  they  might  retire  to  their 
homes,  and  gratify  their  desires  in  the  pursuits  of  peace." 

A  few  days  afterwards,  on  the  25th,  a  similar  request  to  that 
of  Captain  Walker,  was  received  from  Captain  Donaldson  and 
his  company.  This  had  seventy-eight  signatures,  and  read  as 

follows : — 

» 

"We,  the  undersigned,  officers  and  members  of  Company  A, 
2d  llegt.  Inft.  Kansas  Militia,  believing  that  the  policy 
adopted  by  your  excellency,  which  has  been  so  rigidly  carried 
out,  has  produced  such  happy  results  that  we  can  no  longer 
serve  you  to  advantage;  whilst,  therefore,  acknowledging  our 
appreciation  and  admiration  of  that  peace  and  quiet  which  has 
been  restored  once  more  by  your  noble  efforts,  we  respectfully 
ask  to  be  discharged  honorably  from  the  service." 

On  the  same  day,  the  following  communication,  signed  by 
Captain  Wallis  and  all  his  men,  was  also  received : — 

"  The  general  peace  pervading  the  territory,  indicating  that 
the  object  for  which  we  were  called  into  service  has  been  ac 
complished,  should  it  meet  your  approbation,  we  are  now  desi 
rous  of  quitting  the  teutod  field,  aud  returning  to  our  homes, 


PAY  OF  THE  MILITIA.  279 

our  families  and  friends,  where  we  hope,  under  your  effective 
administration,  to  be  permitted  peaceably  and  safely  to  attend 
our  varied  avocations.  These  hopes  are  inspired  by  what  we 
have  seen  of  your  success  in  quelling  the  disturbances  by  which 
our  territory  has  been  so  sadly  distressed.  Confiding  in  your 
integrity  and  ability,  you  have  our  most  devout  wishes  that 
peace  may  attend  your  administration,  and  that  the  reward  of 
patriotism  may  be  yours." 

These  communications  were  respectively  answered  by  the 
governor,  their  compliments  to  his  integrity  and  efficiency  ac 
knowledged,  and  the  means  immediately  adopted  to  comply 
with  the  request  of  the  petitioners.  A  correspondence  having 
been  opened  on  the  subject  with  General  Smith,  he  appointed 
the  1st  day  of  December,  by  especial  desire  of  the  governor, 
to  muster  the  two  pro-slavery  companies  out  of  service  at  Fort 
Leavenworth,  and  the  other  at  Lawrence.  It  then  appeared 
that  the  paymaster  had  no  appropriation  for  the  payment  of 
these  troops ;  hence  the  governor,  in  a  letter  to  General  Smith, 
says : — 

"I  send  by  Major  S.  Woods  a  warrant  of  my  own  private 
funds,  payable  to  your  order,  for  fifteen  hundred  dollars,  to  be 
handed  over  to  the  paymaster  for  the  purpose  of  paying  the 
privates  and  non-commissioned  officers.  :  It  appears  to 

me  that  if  application  be  made  to  the  department,  payment 
would  be  ordered  to  the  volunteers,  and  I  would  be  immediately 
reimbursed." 

In  reply  to  Ahis  the  governor  was  informed  by  communica 
tion  from  head-quarters,  that  no  instructions  could  be  given  for 
the  payment  of  the  militia  "  until  an  appropriation  for  that 
purpose  is  made  by  Congress,"  and  hence  it  would  be  necessary 
for  the  governor  'kto  make  arrangements  with  some  individual 
to  disburse"  the  fifteen  hundred  dollars  he  had  forwarded  "to 
the  men  to  be  discharged."  Secretary  Woodson  was  accordingly 
chosen  for  that  purpose,  and  the  militia  were  dismissed  from 
the  service,  having  been  paid  with  the  governor's  private  funds, 
although  mustered  by  direction  of  the  president,  and  on  requi 
sition  of  the  commander  of  the  military  department  of  the 
west. 

Peace  continuing  to  prevail,  the  governor  had  in  the  mean 
time  announced  the  fact  to  General  Smith,  and  suggested  that, 
for  the  comfort  of  the  regular  troops,  their  services  not  being 


280  HISTORY  OF  KANSAS. 

immediately  required,  they  should  be  withdrawn  to  Fort  Lea- 
venworth  for  winter-quarters,  which  was  accordingly  done,  one 
small  company  of  infantry,  under  Captain  Flint,  being  left  to 
guard  the  prisoners  at  Tecumseh,  and  a  company  of  twenty- 
three  dragoons,  under  Captain  Newby,  being  quartered  on  the 
Grasshopper  Creek  near  Lecompton. 

Such  was  the  gratifying  aspect  of  affairs  through  the  entire 
fall  and  winter,  until  the  peace  was  again  threatened  by  the 
almost  daily  outrages  of  Sherrard  and  his  friends,  the  predic 
tions  of  the  Lecompton  Union,  and  at  last,  the  personal  insult 
offered  to  the  governor  on  the  9th  of  February,  and  the  open 
endorsement  of  that  act  by  a  large  portion  of  the  members  of 
the  legislature.  Before  this  latter  occurrence,  a  number  of 
peaceful  citizens  had  called  upon  the  governor,  urging  the 
necessity  for  the  presence  at  Lecompton  of  a  small  force  of 
United  States  troops  to  protect  them  against  the  threatened 
disturbances.  Finding,  from  his  own  experience,  that  this  alarm 
was  not  altogether  groundless,  as  he  had  before  supposed,  he 
dispatched  a  messenger  with  the  following  requisition  to  Gen 
eral  Smith : — 

"  Executive  Department,  Kansas  Territory, 

"February  9,  1857. 
4  MAJOR-GENERAL  PERSIFER  F.  SMITH, 

"  Commanding  Department  of  the  West. 

"Dear  Sir:  There  are  certain  persons  present  in  Lecompton,  who 
are  determined,  if  within  the  bounds  of  possibility,  to  bring  about  a 
breach  of  the  peace.  During  the  last  few  days  a  number  of  persons 
have  been  grossly  insulted ;  and  to-day  an  insult  has  been  offered  to 
myself.  A  person  named  Sherrard,  who  some  days  ago  had  been 
appointed  Sheriff  of  Douglas  county,  which  appointment  was  strongly 
protested  against  by  a  respectable  number  of  the  citizens  of  the  county, 
and  I  had  deferred  commissioning  him.  This,  it  appears,  gave  mortal 
offence  to  Sherrard,  and  he  has  made  up  his  mind  to  assassinate  me. 
This  may  lead  to  trouble.  It  must  be  prevented,  and  that  by  imme 
diate  action.  I  require,  therefore,  two  additional  companies  of 
dragoons,  to  report  to  me  with  the  least  possible  delay.  /  think  this 
is  absolutely  necessary,  and  I  trust  you  will  immediately  comply  with  my 
request.  I  write  in  great  haste,  as  the  messenger  is  about  leaving. 

"  I  wish  you  would  keep  an  eye  upon  Leavcnworth  City,  as  I  hear 
of  troublesome  indications  there.  I  am  confident  that  there  is  a  con 
spiracy  on  foot  to  disturb  the  peace,  and  various  pretexts  will  be,  and 
have  been  used  to  accomplish  this  fell  purpose. 

"  I  am  perfectly  cool,  and  intend  to  keep  so ;  but  I  am  also  more 
rigilant  than  ever. 

"  Very  truly,  your  friend, 

"JNO.  W.  GEARY." 


WITHDRAWAL  OP  UNITED  STATES  TROOPS.  281 

It  soon  became  known  through  the  town  that  the  governor 
had  sent  a  messenger  to  Fort  Leavenworth  for  troops,  and  the 
fact  afforded  ground  for  merriment  to  the  crowds  of  ruffians 
who  hung  about  the  groggeries,  ready  to  commit  any  atrocity 
by  direction  of  certain  prominent  men:  they  having  received 
later  intelligence  from  the  seat  of  government  than  his  excel 
lency,  and  been  satisfactorily  assured  that  the  United  States 
forces  were  no  longer  under  his  control.  Information  to  this 
effect  was  conveyed  to  Governor  Geary,  who  treated  it  with 
the  scorn  he  supposed  it  merited.  What,  then,  was  hia 
astonishment,  when  the  messenger  returned  from  General 
Smith  with  the  following  answer: — 

"  Head  Quarters,  Department  of  the  West, 

"Fort  Leavenworth,  Feb.  11,  1857. 
"  His  EXCELLENCY,  JOHN  W.  GEARY, 

"  Governor  of  Kansas  Territory, 
"Lecornpton,  K.  T. 

"Governor:  I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter  of  the  9th  instant,  in  which  you  'require  immediately,  two 
additional  companies  of  dragoons  to  report  to  you  in  consequence  of 
your  confidence  that  there  is  a  conspiracy  on  foot  to  disturb  the 
peace' — and  also  acknowledge  the  receipt  of  a  previous  letter  requir 
ing  a  battalion  to  be  sent  to  you  in  view  of  the  large  immigration 
expected  here  in  the  spring. 

"If  you  refer  to  the  laws  you  will  observe  that  the  president  \a 
authorized  to  call  the  military  and  naval  forces  into  action,  to:  1st, 
repel  invasion  ;  2d,  to  suppress  insurrection  ;  and  3d,  to  repress  com 
binations  to  obstruct  the  execution  of  the  laws,  too  strong  for  the 
civil  power.  Insults  or  probable  breaches  of  the  peace  do  not  autho 
rize  the  employment  of  the  troops. 

"  Besides,  all  the  forces  here  have  just  been  designated  by  the  sec 
retary  of  war,  and  are  under  orders,  for  other  service  more  distant ; 
and  even  the  companies  near  you  will  have  to  be  recalled.  They  are 
sufficient  to  repress  any  breach  of  the  peace,  and  I  cannot  move  them 
until  the  weather  improves. 

"  But  even  they  are  to  be  employed  to  aid  the  civil  authority  only 
in  the  contingencies  mentioned  in  the  laws  above  referred  to.  The 
garrisons  to  be  left  in  the  territory  will  be  available  if  the  president 
directs  their  employment. 

"  The  contingency  under  which  the  troops  were  acting  I  consider 
to  have  ceased.  Without  the  grossest  imprudence  on  the  part  of  the 
civil  authorities  in  Leavenworth,  I  see  not  the  slightest  probability 
of  any  disturbance  there ;  and  on  inquiry,  I  can  hear  of  none  from 
various  inhabitants.  With  the  highest  respect, 

"  Your  obedient  servant, 

"  PERSIFER  F.  SMITH, 
"Brevet  Major-General  commanding." 


282  HISTORY  OF  KANSAS. 

This  was  the  first  official  information  he  had  received  of  the 
fact  that  the  government,  which  had  sent  him  to  Kansas,  to 
suppress  insurrection,  preserve  the  peace,  and  punish  ofu'inlcrs, 
with  the  largest  promises  of  support  and  assistance,  had 
secretly  taken  from  him  even  the  means  to  protect  his  own 
life  against  assassins,  who  being  apprised  of  the  action  at 
Washington,  and  encouraged  by  it,  were  plotting  his  destruc 
tion.  When  he  took  possession  of  the  government  of  Kansas, 
he  was  to  have  control,  not  only  of  all  the  regular  forces  in 
the  territory,  to  be  used  at  7i/.s  discretion,  when  he  considered 
exigencies  required  their  employment,  but  he  was  empowered 
to  enrol  all  the  militia  of  the  territory,  and  muster  them  into 
the  service,  and  to  call  upon  the  governors  of  Kentucky  and 
Illinois  for  two  additional  regiments.  Now,  having  conquered 
a  peace  by  his  indomitable  energy,  and  saved  the  country  from 
an  impending  civil  war,  and  finding  the  peace  again  threat 
ened  and  his  own  life  in  danger,  in  order  to  obey  his  instruc 
tions  to  "  preserve  the  peace"  he  had  established,  and  be 
governed  by  "  the  exigencies  of  affairs  as  they  should  be  pre 
sented  to  HIM  o?i  the  spot,"  he  calls  upon  General  Smith  for  a 
few  soldiers,  who,  in  reply,  tells  him  that  the  troops  are  no 
longer  under  his  control;  "the  contingency  under  which  they 
were  acting  I  consider  to  have  ceased;"  "besides,  all  the  forces 
here  have  just  been  designated  l>y  the  secretary  of  war,  and 
are  under  orders,  for  other  service  more  distant,  and  even  the 
companies  near  you  will  have  to  be  recalled!" 

Never  was  a  grosser  insult  ever  offered  to  an  official.  And 
why?  Governor  Geary  had  accomplished  the  ostensible  object 
of  his  mission  to  Kansas.  He  had  put  an  end  to  a  destructive 
civil  war,  and  from  chaos,  confusion,  and  wretchedness,  brought 
peace,  prosperity  and  happiness.  True;  but  he  had  done 
more  than  that.  He  had  arrested  a  pro-slavery  murderer,  and 
when  a  partial  chief  justice  had  set  him  at  liberty,  he  persisted 
in  bringing  him  to  justice  and  punishment,  agreeably  to  the 
letter  of  his  instructions.  Other  pro-slavery  murderers,  and 
the  companions  of  such,  made  their  complaints  at  Washington ; 
Calhouu  and  Clarke  declared  that  Geary  should  be  removed 
for  that  act;  they  had  sufficient  influence  to  accomplish  their 
threats,  and  succeeded  to  perfection. 

Whilst  things  were  in  this  condition,  and  the  indignation 
meeting  of  honest  citizens  was  about  to  be  held  at  Lecomptou 
on  the  18th  of  February,  Judge  Cato,  as  has  been  related, 
called  upon  the  governor,  requesting  him  to  interpose  his 


WITHDRAWAL  OF  UNITED  STATES  TROOPS.  283 

authority  to  disperse  the  meeting.  The  judge  knew  that  the 
governor  had  no  authority  to  interpose — he  knew  that  he  had 
been  stripped  of  all  military  power,  and  that  to  appear  at  the 
meeting  in  person,  would  simply  have  been  to  present  a  mark 
for  the  bullet  of  the  assassin,  which,  of  all  things,  was  then 
the  most  desired.  At  that  time  Captain  Newby's  small  com 
pany  of  dragoons  was  on  the  north  side  of  the  Kansas  River, 
which  was  impassable,  in  consequence  of  the  ice  .having  just 
broken  up,  and  might  just  as  well,  for  all  the  use  they  could 
have  rendered  the  governor,  have  been  in  the  Fejee  Islands; 
and  Captain  Flint's  company  of  infantry  were  ten  miles  off  at 
Tecumseh.  Besides,  both  these  companies  were  ordered  to 
report  themselves  at  Fort  Leavenworth,  as  soon  as  the  weather 
would  permit  them  to  travel,  which  they  did,  Captain  Flint's 
company  stopping  at  Lecompton,  and  taking  with  it  the  only 
soldier  the  governor  had  left  to  guard  an  iron  safe  containing 
the  public  documents,  and  moneys  belonging  to  himself  and 
others. 

Shortly  after  the  receipt  of  the  foregoing  letter  of  General 
Smith,  the  governor  returned  the  following  reply,  which  did 
not  reach  the  general  at  Fort  Leavenworth,  he  having  departed 
for  Washington: — 

"Executive  Department,  K.  T., 

"  Lecoinpton,  March  2,  1857. 
"  MAJOR-GENERAL  P.  F.  SMITH, 

"Commanding  Department  of  the  West. 

"Dear  Sir:  Your  letter  of  llth  February  was  duly  received,  and 
my  most  serious  consideration  has  been  given  to  its  contents. 

44 1  regret  to  be  compelled  to  differ  from  you  in  the  opinion  that 
'the  contingency  under  which  the  troops  were  acting'  has  'ceased.' 
It  seems  to  me  that  a  proper  view  of  the  existing  condition  of  things 
in  the  territory  would  lead  to  a  different  conclusion. 

"  The  peace  that  now  prevails  is  not  only  threatened  by  irresponsi 
ble  individuals,  but  its  destruction  is  boldly  proclaimed  by  the  news 
paper  orjan  of  a  clique  or  faction  of  sufficient  influence  and  numbers 
4  to  obstruct  the  execution  of  the  laws,'  and  '  too  strong  for  the  civil 
power/  That  attempts  have  been  made  to  execute  these  threats  and 
verify  these  predictions,  you  have  already  received  conclusive  assur 
ances. 

44  That  the  presence  of  the  troops  here  has  been  needed  up  to  the 
present  moment,  and  that  it  has  held  in  check  those  determined  to 
create  disturbances,  is  quite  apparent;  and  that  their  removal  at 
this  time,  when  their  presence  is  daily  becoming  more  needful,  will 
be  attended  with  serious  and  perhaps  calamitous  results,  is  very 
probable. 

"  Besides,  the  large  incoming  immigration  of  peaceful  settlers  re- 


284  HISTORY  OF  KANSAS. 

quires  protection,  which  cannot  be  given  by  anj  civil  posses  that  can 
be  raised,  in  consequence  of  the  bitter  feelings  existing  among  the 
advocates  of  conflicting  political  sentiments  on  the  highly  exciting 
question  which  so  long  kept  the  territory  in  a  state  of  feverish  agita 
tion  and  even  anarchy. 

"  Large  combinations  will  doubtless  be  formed  to  resist  attempted 
and  even  threatened  violations  of  the  law — and  invasion  and  insurrec 
tion,  with  their  fearful  consequences,  may  be  anticipated. 

"  The  presence  of  the  troops,  even  should  their  active  service  never 
be  required,  will  be  sufficient,  perhaps,  to  'repel  invasion,'  which 
there  is  reason  to  expect — '  suppress  insurrection,'  which  has  been 
predicted  by  seeming  authority — and  'repress  combinations  to  ob 
struct  the  execution  of  the  laws  too  strong  for  the  civil  power,'  which 
seem  to  exist. 

"The  withdrawal  of  all  the  troops  at  this  time  would,  in  my  opi 
nion,  be  the  signal  for  the  lawless  to  commence  difficulties,  which 
their  presence  alone  may  entirely  prevent.  A  little  care  to  guard 
against  evils  which  we  can  foresee,  may  prevent  others  of  greater 
magnitude  which  are  beyond  our  comprehension. 

"  In  view  of  these  facts,  I  must  respectfully  ask,  that  Captain 
Newby's  company  may  be  permitted  to  remain  in  this  vicinity  during 
the  present  month,  or,  at  least,  until  I  shall  be  able  to  communicate 
with  and  receive  an  answer  from  the  authorities  at  Washington,  upon 
the  subject.  The  importance  of  the  matter  will  doubtless  suggest 
itself  to  your  mind,  and  grant  a  ready  compliance  with  this  request. 

"  An  immediate  answer  will  oblige,  most  sincerely, 

"  Your  friend  and  obedient  servant, 

"  JNO.  W.  GEARY, 
"Governor  of  Kansas  Territory." 

In  view  of  the  facts  so  clearly  established  by  the  foregoing 
documents — that  General  Smith  had  declined  furnishing  Go 
vernor  Geary  with  troops  at  the  time  lie  supposed  their  ser 
vices  were  needed ;  that  the  general  declared  the  secretary  of 
war  had  ordered  all  the  forces  to  other  and  more  distant  ser 
vice;  and  that  even  the  few  soldiers  still  near  the  governor 
had  been  ordered  to  report  themselves  at  Fort  Leaveuworth, 
as  soon  as  the  weather  would  sufficiently  moderate  to  enable 
them  to  travel, — it  is  somewhat  remarkable  that  General  Smith, 
after  the  resignation  of  Governor  Geary,  should  have  addressed 
the  following  communication  to  Secretary  Davis  : — 

"Baltimore,  March  28,  1857. 
"  HON.  JEFFERSON  DAVIS, 

"Senator. 

"Dear  Sir:  I  received  a  letter  a  few  minutes  since  from  the  editor 
of  the  E cening  Star,  requesting  me  to  '  substantiate  a  contradiction 
you  make  to  some  assertion  in  the  Herald  of  Governor  Geary.'  I 
happen  to  have  my  letter-book,  and  send  you  a  copy  of  my  letter  to 


WITHDRAWAL  OF  UNITED  STATES  TROOPS.  285 

the  governor  when  he  'required'  a  squadron  of  dragoons  to  be  sent 
to  him.  He  had  already  Captain  Newby's  and  Captain  Flint's  com 
panies  of  troops  under  his  control,  and  he  stated  no  case  that  would 
justify  reinforcing  them  in  the  middle  of  the  winter.  I  declined 
sending  them,  evidently  without  your  interference  in  the  matter,  for 
you  were  in  Washington.  His  letter  is  of  the  9th  February  and  my 
answer  of  the  llth.  I  exercised  the  discretion  left  me  by  the  presi 
dent,  for  I  saw  there  was  no  need  of  them. 

"  I  send  the  copy  to  you,  for  I  do  not  think  myself  at  liberty  to 
publish  part  of  an  official  correspondence  without  authority  from 
higher  authority. 

"  Moreover,  I  think  your  simple  contradiction  is  sufficient ;  the 
affair  will  not  offer  to  Governor  Geary  any  advantage  in  pursuing  it, 
unless  he  provokes  proof  of  what  the  Herald  says,  and  that  is  on  record 
in  the  Department  of  the  West. 

'•  I  have  copies  of  my  letters,  but  his  are  on  file  in  the  office  of  the 
Department  of  the  West. 

"I  repeat,  that  with  my  knowledge  of  all  that  took  place  the  go 
vernor  will  not  pursue  the  matter. 

"  With  sincere  respect,  your  obedient  servant, 
'*PERSIFER  F.  SMITH, 
Bt.  Maj.-Gen.  Comm'g  Dep't  of  the  West." 

In  the  general's  letter  to  the  governor  he  says :  "  All  the 
forces  here  have  just  been  designated  by  the  secretary  of  war, 
and  are  under  orders  for  other  service  more  distant."  In  the 
letter  to  General  Davis  he  says:  "I  declined  sending  them, 
evidently  without  your  interference  in  the  matter,  for  you  were 
in  Washington."  What  General  Smith  means  by  saying  that 
the  simple  contradiction  of  Secretary  Davis  will  be  sufficient 
to  disprove  the  fact  that  the  troops  had  been  withdrawn  from 
Governor  Geary's  service,  it  would  be  extremely  difficult  to 
comprehend.  It  is  certain  that  the  troops  were  withdrawn, 
and  from  the  following  communication  to  the  Adjutant-Gen 
eral  of  the  United  States,  it  would  seem  at  the  suggestion  of 
General  Smith  himself: — 

Head-Quarters,  Department  of  the  West, 

"Fort  Leavenworth,  Saturday,  Nov.  11. 

"Colonel:  Since  my  last  communication  nothing  of  importance 
has  happened  in  the  department.  After  the  success  of  the  measures 
taken  a  few  weeks  since  to  prevent  the  gross  outrages  on  the  law, 
then  threatened,  and  to  suppress  the  disorders  then  existing  in  the 
territory,  order  and  tranquillity  have  gradually  resumed  their  legiti 
mate  sway;  the  laws  have  again  been  put  in  operation,  and  the  admi 
nistration  of  justice  revived.  Deserted  farms  are  again  occupied, 
fences  rebuilt,  fields  put  under  cultivation,  and  the  ruins  of  houses, 
destroyed  by  fire,  replaced  by  more  durable  habitations ;  the  roads 
are  covered  with  travellers,  unarmed  and  secure ;  and  the  towns 


286  HISTORY  OF  KANSAS. 

thronged  with  persons  selling  their  produce  and  purchasing  from  the 
stores.  All  these  evidences  of  restored  order  have  enabled  me,  with 
the  concurrence  of  the  governor  of  the  territory,  to  recall  the  troops 
from  the  active  duty  on  which  they  have  been  employed,  and  to  esta 
blish  them  again  at  their  proper  posts,  where  they  are  to  pass  the 
winter.  As  there  are  no  secure  prisons  yet  built  for  territorial  autho-  . 
rities  to  use  in  the  administration  of  justice,  at  his  request  there  will 
remain  at  the  disposition  of  the  governor  a  few  men  to  guard  prisoners 
in  the  custody  of  the  law  and  for  other  such  contingencies. 

"  I  am  happy,  then,  to  be  enabled  to  announce  to  the  War  Depart 
ment,  and  through  it  to  the  president,  the  entire  success  of  the  mea 
sures  they  directed  to  be  taken  for  the  suppression  of  insurrection 
and  removal  of  obstructions  to  the  regular  administration  of  justice, 
and  that  this  end  has  been  attained  without  the  shedding  of  blood  or 
the  exertion  of  any  force  beyond  the  ordinary  arrest  of  persons 
accused  of  crimes. 

"  The  winter  has  commenced  with  severity  much  earlier  than  usual, 
and  it  is  now  too  late  to  send  the  companies  of  the  Sixth  Infantry  to 
the  posts  further  west — their  original  destination.  From  necessity 
they  must  be  crowded  into  the  quarters  at  Fort  Leavenworth.  The 
great  reduction  in  the  number  of  men  in  the  First  Cavalry  will 
render  this  possible  now,  which  it  would  not  be  if  the  latter  regiment 
were  full. 

"  Being  no  longer  occupied  with  the  affairs  of  the  territory,  which 
have  caused  so  much  uneasiness,  undivided  attention  can  be  paid  for 
punishing  the  Cheyennes  Indians.  In  pursuing  them  in  the  spring, 
the  great  want  will  be  forage  and  transportation  for  supplies.  Pas 
turing  animals  in  rapid  movements  is  impossible ;  nor  can  horses 
perform  a  regular  day's  work  on  grass.  In  short,  daily  journeys, 
grass  is  sufficient,  for  there  is  time  to  pasture  and  very  little  labor  to 
undergo.  Additional  appropriations  will  therefore  be  necessary  to 
provide  for  the  expedition,  which  must  be  chiefly  of  mounted  men, 
and  ought  to  be  ready  by  the  middle  of  April.  The  details  of  the 
force  and  the  direction  of  the  operations  cannot  now  be  determined ; 
but  a  general  appropriation  of  an  additional  sum — much  less,  how 
ever,  than  that  given  to  the  Sioux  expedition — will  be  advisable. 

"  I  will  again  report  that  I  consider  tranquillity  and  order  entirely 
restored  in  Kansas.  I  foresee  nothing  in  the  shape  of  disorder  that 
the  ordinary  means  in  the  hands  of  the  civil  authority,  directed  by  as 
able  and  energetic  hands  as  those  of  the  present  governor,  are  not 
amply  sufficient  to  control ;  and  the  whole  time  and  efforts  of  the 
troops  here  can  henceforward  be  devoted  to  the  protection  of  tho 
frontier. 

"  With  the  highest  respect,  your  obedient  servant, 

"  PERSIFER  F.  SMITH, 
"Commanding  Department." 

"  Colonel  Samuel  Cooper,  Adjutant-General  of  the  Army." 

Now,  from  all  this,  it  very  clearly  appears  that,  although 
the  president  had  placed  at  the  disposal  of  Governor  Geary  the 
United  States  forces  in  Kansas,  to  preserve  the  peace  and 


THE  TERRITORIAL  EXPENSES.  287 

bring  offenders  to  punishment,  and  to  be  employed  by  him  as 
he  supposed  existing  circumstances  should  require,  those 
forces,  at  the  suggestion  of  General  Smith  (who  had  been  con 
fined,  by  indisposition,  to  his  quarters  during  the  entire  term. 
of  Governor  Geary's  administration,  and,  therefore,  had  very 
limited  opportunities  for  ascertaining  the  true  condition  of  the 
territory,  and  the  exigencies  that  might  demand  the  use  of 
troops),  and  without  consulting  Governor  Geary  on  the  sub 
ject,  were  taken  from  the  support  of  the  governor  and  ordered 
to  other  service,  and  that  at  a  time  when  the  peace  of  the  ter 
ritory  and  the  life  of  the  executive  were  alike  threatened  and 
in  danger. 


jnriTSRssTY. 

CHAPTER  XLlI^-;'  *  r^., 

. *  . ',     «.' 

Resignation  of  Governor  Geary. — His  FareweT 

GOVERNOR  GEARY  was  not  only  deprived  of  the  use  of  the 
sword  at  a  time  when  he  considered  it  needful  to  carry  out  his 
instructions,  but  the  public  purse-strings  were  also  drawn  against 
him.  The  following  communication  was  received  on  the  loth 
of  November : — 

"  Department  of  State, 

"  Washington,  October  30th,  1856. 
"  JOHN  W.  GEARY,  Esq. 

"Governor  of  the  Territory  of  Kansas. 

"  Sir: — I  have  received  your  letter  of  the  6th  inst.,  in  which  you 
ask  to  be  furnished  with  a  draft  for  two  thousand  dollars  for  meeting 
the  contingent  expenses  of  the  government  of  Kansas. 

The  president  does  not  doubt  the  necessity  that  you  should  be  put 
in  possession  of  the  means  you  have  asked  for,  and  he  has  gone  into 
a  careful  examination  of  the  authority  he  has  under  the  laws,  to  com 
ply  with  your  request.  He  regrets  to  be  obliged  to  state  that  this 
examination  has  resulted  in  a  conviction  on  his  part,  that  he  has  no 
authority  to  advance  for  the  contingent  expenses  of  the  government 
of  Kansas  territory,  any  amount  whatever,  beyond  the  sum  appro 
priated  by  Congress  for  that  purpose.  The  appropriation,  which  was 
an  inconsiderable  sum,  has  been  exhausted,  and  there  is  no  power  in 
the  executive  government  of  the  United  States  to  furnish  you  with 
any  more.  This  state  of  things  is  most  seriously  regretted  ;  for, 
situated  as  you  are,  the  sum  provided  by  Congress  for  the  contingent 
expenses  of  the  territory  must  fall  far  short  of  that  required  for  the 
public  service.  TUe  subject,  will,  of  course,  occupy  the  attention  of 


288  HISTORY  OP  KANSAS. 

Congress  at  the  approaching  session  ;  but  what  will  be  its  decision 
on  it  cannot  be  foretold.  I  should  think  there  could  be  no  doubt, 
that  the  next  Congress  will  provide  the  means  for  paying  all  the  ex 
penses  which  may  be  or  have  been  properly  incurred  in  administering 
the  affairs  of  the  territorial  government. 

"  I  am,  sir,  very  respectfully,  your  obedient  servant, 

"  W.  L. 


Such  was  the  encouragement  received  by  Governor  Geary 
from  the  government  at  Washington.  It  could  have  been 
nothing  less  than  an  enlarged  patriotism  that  caused  him  to 
retain  so  long  the  most  thankless  and  unprofitable  office  in  the 
nation.  For  months  he  had  labored  for  the  public  good  with 
untiring  energy,  not  even  taking  time  for  needed  rest  and 
sleep  ;  deprived  of  all  the  usual  comforts  of  life  ;  occupying  a 
log  house,  and  very  often  unable  to  obtain  wholesome  food; 
vexed  and  harassed  hourly  with  the  complaints  of  an  abused 
people  ;  constant  drafts  being  made  by  persons  whom  he  was 
compelled  to  employ,  upon  his  pecuniary  resources;  required 
to  pay  the  militia  called  into  the  service  by  the  president  him 
self,  from  his  own  private  funds  ;  every  federal  officer  in  the 
territory  conspiring  to  embarrass  his  administration  ;  his  mails 
overhauled  and  their  contents  examined  by  government  offi 
cials;  surrounded  with  organized  bands  of  assassins;  and 
without  a  word  of  comfort  or  a  particle  of  aid  from  the  general 
government,  he  still  continued,  with  fidelity,  zeal  and  unflag 
ging  energy,  to  discharge  the  arduous  duties  of  his  station. 

Under  these  discouraging  circumstances,  he  addressed  a 
lengthy  letter  to  Secretary  Marcy,  on  the  22d  of  November, 
from  which  the  following  is  extracted  :  — 

a  I  herewith  transmit  you  by  the  hands  of  Brevet  Major 
H.  H.  Sibley,  a  copy  of  my  executive  minutes  from  the  17th 
day  of  October  to  the  21st  day  of  November,  inclusive.  These 
minutes  will  furnish  you  a  truthful  history  of  Kansas  affairs. 
They  embrace  a  daily  record  of  all  my  official  transactions,  aud 
a  full  statement  of  any  matters  requiring  explanation. 

"  Fully  appreciating  the  delicate  and  responsible  mission 
confided  to  me  by  the  generous  partiality  of  the  president, 
and  knowing  how  liable,  amid  the  strife  and  prejudice  which 
seemed  to  hold  undisturbed  sway  here,  a  person  with  the  most 

rtriotic  intentions  might  be  to  misrepresentation  and  abuse, 
adopted   the  custom  of   keeping  an   hourly  record  of  all 
events,  in  any  manner  connected  with  my  official  action,  which, 


GOVERNOR  GEARY  TO  SECRETARY  MARCT.  289 

from  time  to  time,  I  might  send  to  you,  as  my  best  vindication 
to  the  administration  and  the  country. 

"  Properly  to  keep  my  executive  minutes — to  answer  the 
heavy  correspondence  with  this  department — to  prepare  official 
dispatches — to  execute  missions  requiring  secrecy  and  intel 
ligence — and  perform  the  multifarious  duties  devolving  upon 
me,  owing  to  the  anomalous  condition  of  affairs,  has  occupied 
my  whole  time,  assisted  by  industrious  and  intelligent  secreta 
ries,  whom  the  public  exigencies  required  me  to  employ. 

u  As  occasions  arose,  I  did  not  pause  to  enter  into  any  re 
fined  analysis  of  the  nature  and  extent  of  my  authority,  nor 
to  inquire  where  the  money  would  come  from  to  reimburse 
necessary  and  imperative  expenditures ;  but  at  once  adopted 
the  means  best  calculated  to  secure  the  desired  end,  and  paid 
all  expenses  out  of  my  own  private  resources,  confiding  in 
the  justice  of  the  administration  and  Congress  for  a  reimburse 
ment  and  support. 

"  Your  general  instructions  have  been  the  lights  by  which 
my  official  action  has  been  governed,  and  where  the  letter  of 
instruction  did  not  meet  the  crisis,  I  have  based  my  action  on 
that  portion  of  your  comprehensive  dispatch  of  the  23d  of 
September,  in  which  you  say : — 

"  'Your  prompt  and  vigorous  attention  will  be  directed  to 
wards  those  who  meditate  further  mischief  and  are  disposed  to 
obstruct  your  efforts  to  restore  the  supremacy  of  the  civil  au 
thority  !  The  president  relies  upon  your  energy  and  discre 
tion  to  overcome  the  difficulties  which  surround  you,  and  to 
restore  tranquillity  to  Kansas.  The  exigencies  of  affairs,  as 
they  shall  be  presented  to  you  on  the  spot,  will  indicate  the 
course  of  proceeding  in  particular  cases,  calculated  to  such  re 
sults,  better  than  any  definite  instructions  emanating  from  this 
department.' 

"  At  so  great  a  distance  from  the  general  government,-  and 
so  inaccessible  to  speedy  communications  from  Washington,  it 
is  absolutely  indispensable  for  the  preservation  of  order  and 
the  protection  of  life,  liberty  and  property,  that  the  governor 
of  this  territory  should  be  clothed  with  large  discretionary 
powers. 

"  When  I  arrived  here  the  entire  territory  was  declared,  ty 
the  acting-governor,  to  be  in  a  state  of  insurrection;  the  civil 
authority  was  powerless,  and  so  complicated  by  partisan  affili 
ations  as  to  be  without  capacity  to  vindicate  the  majesty  of  the 
law  and  restore  the  broken  peace. 
25  T 


290  HISTORY  OF  KANSAS. 

"  In  this  state  of  affairs  the  most  vigorous  and  determined 
notion  on  my  part  seemed  the  only  remedy  for  the  growing 
evils.  Impartial  justice  will  ever  commend  itself  to  every 
American  citizen  worthy  to  bear  the  name.  To'disband  armed 
bodies  of  men  assembled  under  color  of  law,  and  disperse 
others  brought  into  antagonistic  existence  without  authority  j 
both  inflamed  by  the  most  exciting  of  questions,  and  both 
committing  outrages  which  all  good  men  must  deplore,  re 
quired  neither  hesitation  nor  fear. 

"  I  am  most  happy  to  inform  you  that  in  order  to  calm 
these  disturbing  elements,  and  bring  the  people  back  to  sober 
reason,  I  have  not  been  obliged  to  resort  to  any  measures  un 
known  to  the  law,  and  not  covered  by  the  spirit  and  letter  of 
my  instructions.  It  is  also  a  matter  of  special  gratification  to 
be  able  to  say,  that  since  my  arrival  here,  peace  has  been  re 
stored  and  the  fierce  passions  of  men  soothed,  without  the 
shedding  of  one  drop  of  fratricidal  blood. 

"  The  peace  of  the  territory  is  now  placed  upon  a  perma 
nent  basis,  all  parties  having  at  length  relinquished  the  idea 
of  a  t  resort  to  arms,  and  agreeing  to  refer  the  adjustment  of 
all  political  disputes  to  the  ballot  box  or  other  lawful  expedi 
ents." 

Such  was  the  condition  of  things  until  the  Sherrard  dis 
turbances,  which  were  confined  to  the  town  of  Lecompton. 
About  the  time  of  their  occurrence,  Calhoun,  Clarke,  Emory, 
and  others  went  to  Washington,  with  the  avowed  purpose  of 
so  prejudicing  the  government  against  Governor  Geary,  as  to 
make  certain  his  removal,  and  soon  after,  reports  were  returned 
from  them  to  the  effect  that  they  had  been  entirely  successful. 
These  were  circulated  through  all  the  public  places,  and  were 
boldly  published  in  the  Lecompton  Union,  and  very  generally 
believed.  Several  persons  had  been  named  as  the  probable 
successor.  During  all  this  the  governor's  dispatches  and  let 
ters  to  the  outgoing  and  incoming  administrations,  defining 
the  true  condition  of  affairs,  and  asking  for  information  and 
instruction,  were  unanswered  and  apparently  unnoticed. 

A  proper  sense  of  honor  could,  therefore,  dictate  but  one 
course,  and  that  was  to  relinquish  the  difficult  and  thankless 
position  which  he  had  thus  far  filled  with  such  signal  success 
— with  such  immense  benefit  to  the  country  and  credit  to 
himself.  He,  therefore,  on  the  day  of  the  inauguration  of  the 


RESIGNATION  OF  GOVERNOR  GEARY.  291 

now  President,  dispatched  the  following  letter  of  resignation 
to  Washington : — 


- 


"  Executive  Department.  K.  T., 

"  Lecompton,  March  4,  1857. 
"  His  EXCELLENCY,  JAMES  BUCHANAN, 

"President  of  the  United  States. 

"Dear  Sir: — Please  accept  my  resignation  as  Governor  of  Kansas 
territory,  to  take  effect  on  the  L'Oth  of  the  present  month,  by  which 
time  you  will  be  enabled  to  select  and  appoint  a  proper  successor. 
"  With  high  respect,  your  friend  and  obedient  servant, 

"Jxo.  W.  GEART." 

For  prudential  reasons  the  governor  intended  to  keep  the 
fact  of  his  resignation  a  secret  from  the  people  of  Kansas  for 
some  days,  and  hence  made  it  known  only  to  his  private  secre 
tary,  who  deposited  the  letter  in  the  post-office,  late  at  ni^ht, 
and  a  few  moments  before  the  mail  closed.  The  postmaster's 
son,  and  L.  A.  Maclean,  the  latter  being  always  in  the  office 
at  the  opening  and  closing  of  the  mails,  were  the  only  persons 
then  present.  Yet  in  the  morning,  before  he  had  arisen  from 
bed,  the  subject  of  the  governor's  letter  to  Washington  was 
the  theme  of  universal  conversation  through  the  town.  It 
was  freely  discussed  upon  the  streets  and  in  all  the  grog-shops, 
and  was  a  matter  of  no  little  interest  and  excitement.  This 
fact  furnished  another  conclusive  proof,  in  addition  to  many 
that  had  been  constantly  occurring,  of  the  propriety  of  a  re 
presentation  of  the  governor,  contained  in  an  official  dispatch 
to  Secretary  Marcy,  as  far  back  as  the  22d  of  September,  but 
which,  with  many  similar  evils  of  which  information  had  been 
given,  remained  unheeded.  In  the  dispatch  referred  to, 
Governor  Geary  remarked: — 

"  There  is  still  another  subject  to  which  it  is  proper  that  I 
should  call  your  attention.  The  postal  arrangements  of  the 
territory  are  lamentably  inefficient.  Complaints  on  this  sub 
ject  are  loud  and  universal,  and  my  own  experience  has  con 
vinced  me  that  these  are  not  without  sufficient  cause.  Every 
package  addressed  to  me  through  the  mail  is  broken  and  in 
spected  before  it  reaches  my  hands.  It  is  entirely  unsafe  to 
send  information  through  the  post-office,  and  more  especially 
to  use  that  medium  to  forward  anything  of  pecuniary  value. 
Postmasters  are  cither  ignorant  of  their  duty  and  obligations, 
or  being  acquainted  with  them,  act  in  violation  of  both.  In 
deed,  I  have  been  credibly  informed  that  in  some  places, 


202  HISTORY  OF  KANSAS. 

persons  not  connected  with  the  offices,  are  permitted  to  enter 
and  overhaul  the  mails  previous  to  their  distribution.  This  is 
a  serious  evil,  upon  which  some  prompt  action  is  needed." 

Governor  Geary  left  Lecompton  on  the  10th  of  March,  and 
reached  Washington  City  on  the  21st.  Here  he  had  inter 
views  with  the  president  and  memhers  of  the  cabinet,  to  whom 
he  personally  communicated  his  views  concerning  the  territory 
He  found  Emory,  Clarke,  Calhoun,  and  others  of  his  worst 
enemies,  who  had  been  instrumental  in  doing  most  of  the 
mischief  that  had  disturbed  the  territory,  so  deeply  ingra 
tiated  into  the  confidence  and  good  opinion  of  these  gentle 
men,  that  there  was  no  room  to  doubt  their  having  good 
authority  for  the  information  they  were  daily  furnishing  their 
friends  and  associates  in  Kansas,  and  that  he  had  not  resigned 
his  office  an  hour  too  soon.  Had  any  doubt  remained  of  this 
fact,  and  of  the  policy  intended  to  be  pursued  by  the  new 
administration,  it  would  have  been  removed,  by  the  appoint 
ments  that  were  immediately  made  for  the  most  important 
and  lucrative  offices  in  the  territory.  The  only  free-state 
democrat  holding  office  was  removed,  though  a  man  of  un 
questionable  integrity — an  Indian  agent,  though  a  Virginian, 
was  suspected  or  accused  of  free-state  proclivities,  and  shared 
the  same  fate — all  the  most  objectionable  of  the  incumbents 
were  retained — and  others  even  still  more  objectionable  ap 
pointed, — men,  in  fact,  who  had  no  other  recommendation 
than  their  complicity  with  the  worst  outrages  that  had  dis 
graced  the  country! 

Governor  Geary  found  Kansas  involved  in  insurrection  and 
civil  war — he  left  it  in  the  enjoyment  of  uninterrupted  con 
tentment,  prosperity  and  peace.  He  asked  to  be  reimbursed 
a  portion  of  the  money  he  had  expended  in  the  good  work  he 
had  performed,  and  to  be  provided  with  a  few  soldiers  to  pre 
serve  the  better  state  of  affairs  he  had  effected;  both  of  which 
were  refused.  Not  a  man  was  allowed  to  remain  to  protect 
even  himself  and  household  against  the  robber  and  assassin. 

Upon  taking  leave  of  the  territory,  Governor  Geary  issued 
the  followinj; : 


"FAREWELL  ADDRESS. 

"  To  the  People  of  Kansas  Territory  : 

"  Having  determined  to  resign  the  executive  office,  and 
retire  again  to  the  quiet  scenes  of  private  life  and  the  enjoy 
ment  of  those  domestic  comforts  of  which  I  have  so  long  been 
deprived,  I  deem  it  proper  to  address  you  on  the  occasion  of 
my  departure. 

"  The  office  from  which  I  now  voluntarily  withdraw,  was 
unsought  by  me,  and  at  the  time  of  its  acceptance,  was  by  no 
means  desirable.  This  was  quite  evident,  from  the  deplorable 
moral,  civil  and  political  condition  of  the  territory — the 
discord,  contention  and  deadly  strife,  which  then  and  there 
prevailed — and  the  painful  anxiety  with  which  it  was  regarded 
by  patriotic  citizens  in  every  portion  of  the  American  Union. 
To  attempt  to  govern  Kansas  at  such  a  period  and  under  such 
circumstances,  was  to  assume  no  ordinary  responsibilities.  Few 
men  could  have  desired  to  undertake  the  task,  and  none  would 
have  been  so  presumptuous,  without  serious  forebodings  as  to 
the  result.  That  I  should  have  hesitated,  is  no  matter  of 
astonishment  to  those  acquainted  with  the  facts ;  but  that  I 
accepted  the  appointment,  was  a  well-grounded  source  of 
regret  to  many  of  my  well-tried  friends,  who  looked  upon  the 
enterprise  as  one  that  could  terminate  in  nothing  but  disaster 
to  myself.  It  was  not  supposed  possible  that  order  could  be 
brought,  in  any  reasonable  space  of  time,  and  with  the  means 
at  my  command,  from  the  then  existing  chaos. 

u  Without  descanting  upon  the  feelings,  principles  and 
motives  which  prompted  me,  suffice  it  to  say,  that  I  accepted 
the  president's  tender  of  the  office  of  governor.  In  doing  so, 
I  sacrificed  the  comforts  of  a  home,  endeared  by  the  strongest 
earthly  ties  and  most  sacred  associations,  to  embark  in  an 
undertaking  which  presented  at  the  best  but  a  dark  and 
unsatisfactory  prospect.  I  reached  Kansas  and  entered  upon 
the  discharge  of  my  official  duties  in  the  most  gloomy  hour  of 
her  history.  Desolation  and  ruin  reigned  on  every  hand. 
Homes  and  firesides  were  deserted.  The  smoke  of  burning 
dwellings  darkened  the  atmosphere.  Women  and  children, 
driven  from  their  habitations,  wandered  over  the  prairies  and 
through  the  woodlands,  or  sought  refuge  and  protection  even 
among  the  Indian  tribes.  The  highways  were  infested  with 
25* 


2.04  HISTORY  OF  KANSAS. 

numerous  predatory  bands,  and  the  towns  were  fortified  and 
garrisoned  by  armies  of  conflicting  partisans,  each  excited 
almost  to  frenzy,  and  determined  upon  mutual  extermination. 
Such  was,  without  exaggeration,  the  condition  of  the  territory, 
at  the  period  of  my  arrival.  Her  treasury  was  bankrupt. 
There  were  no  pecuniary  resources  within  herself  to  meet  the 
exigencies  of  the  time.  The  congressional  appropriations, 
intended  to  defray  the  expenses  of  a  year,  were  insufficient 
to  meet  the  demands  of  a  fortnight.  The  laws  were  null,  the 
courts  virtually  suspended,  and  the  civil  arm  of  the  government 
almost  entirely  powerless.  Action — prompt,  decisive,  energetic 
action — was  necessary.  I  at  once  saw  what  was  needed,  and 
without  hesitation  gave  myself  to  the  work.  For  six  mouths 
1  have  labored  with  unceasing  industry.  The  accustomed 
and  needed  hours  for  sleep  have  been  employed  in  the  public 
(service.  Night  and  day  have  official  duties  demanded  unre 
mitting  attention.  I  have  had  no  proper  leisure  moments  for 
rest  or  recreation.  My  health  has  failed  under  the  pressure. 
Nor  is  this  all ;  to  my  own  private  purse,  without  assurance  of 
reimbursement,  have  I  resorted  in  every  emergency,  for  the 
required  funds.  Whether  these  arduous  services  and  willing 
sacrifices  have  been  beneficial  to  Kansas  and  my  country,  you 
are  abundantly  qualified  to  determine. 

"  That  I  have  met  with  opposition,  and  even  bitter  vitupe 
ration  and  vindictive  malice,  is  no  matter  for  astonishment. 
No  man  has  ever  yet  held  an  important  or  responsible  post  in 
our  own  or  any  other  country  and  escaped  censure.  I  should 
have  been  weak  and  foolish  indeed,  had  I  expected  to  pass 
through  the  fiery  ordeal  entirely  unscathed,  especially  as  I  was 
required,  if  not  to  come  in  conflict  with,  at  least  to  thwart  evil 
machinations,  and  hold  in  restraint  wicked  passions,  or  rid  the 
territory  of  many  lawless,  reckless  and  desperate  men.  Beside, 
it  were  impossible  to  come  in  contact  with  the  conflicting 
interests  which  governed  the  conduct  of  many  well-disposed 
persons,  without  becoming  an  object  of  mistrust  and  abuse. 
While  from  others,  whose  sole  object  was  notoriously  personal 
advancement  at  any  sacrifice  of  the  general  good  and  at  every 
hazard,  it  would  have  been  ridiculous  to  anticipate  the  meed 
of  praise  for  disinterested  action  ;  and  hence,  however  palpable 
might  have  been  u.y  patriotism,  however  just  my  official 
conduct,  or  however  beneficial  its  results,  I  do  not  marvel  that 
my  motives  have  been  impugned  and  my  integrity  maligned. 
It  is,  however,  so  well  known,  that  I  need  scarcely  record  the- 


GOV.  GEARY'S  FAREWELL  ADDRESS.  295 

fact,  that  those  who  have  attributed  my  labors  to  a  desire  for 
gubernatorial  or  senatorial  honors,  were  and  are  themselves 
the  aspirants  for  those  high  trusts  and  power?  x  and  foolishly 
imagined  that  I  stood  between  them  and  the  consummation  of 
their  ambitious  designs  and  high-towering  hopes. 

"  But  whatever  may  be  thought  or  said  of  my  motives  or 
desires,  I  have  the  proud  consciousness  of  leaving  this  scene 
of  my  severe  and  anxious  toil  with  clean  hands,  and  the 
satisfactory  conviction  that  He  who  can  penetrate  the  inmost 
recesses  of  the  heart,  and  read  its  secret  thoughts,  will  approve 
my  purposes  and  acts.  In  the  discharge  of  my  executive 
functions,  I  have  invariably  sought  to  do  equal  and  exact 
justice  to  all  men,  however  humble  or  exalted.  I  have 
eschewed  all  sectional  disputations,  kept  aloof  from  all  party 
affiliations,  and  have  alike  scorned  numerous  threats  of  personal 
injury  and  violence,  and  the  most  flattering  promises  of 
advancement  and  reward.  And  I  ask  and  claim  nothing  more 
for  the  part  I  have  acted  than  the  simple  merit  of  having 
endeavored  to  perform  my  duty.  This  I  have  done,  at  all 
times,  and  upon  every  occasion,  regardless  of  the  opinions  of 
men,  and  utterly  fearless  of  consequences.  Occasionally  I  have 
been  forced  to  assume  great  responsibilities,  and  depend  solely 
upon  my  own  resources  to  accomplish  important  ends  j  but  in 
all  such  instances,  I  have  carefully  examined  surrounding 
circumstances,  weighed  well  the  probable  results,  and  acted 
upon  my  own  deliberate  judgment;  and  in  now  reviewing 
them,  I  am  so  well  satisfied  with  the  policy  uniformly  pursued, 
that  were  it  to  be  done  over  again,  it  should  not  be  changed 
in  the  slightest  particular.  «-5~-»^~--  .,  «•»- 

"  In  parting  with  you,  I  can  do  no  less  than  give  you  a  few 
words  of  kindly  advice,  and  even  of  friendly  warning.  You 
are  well  aware  that  most  of  the  troubles  which  lately  agitated 
the  territory,  were  occasioned  by  men  who  had  no  especial 
interest  in  its  welfare.  Many  of  them  were  not  even  residents  j 
whilst  it  is  quite  evident  that  others  were  influenced  altogether 
in  the  part  they  took  in  the  disturbances  by  mercenary  or 
other  personal  considerations.  The  great  body  of  the  actual 
citizens  are  conservative,  law-abiding  and  peace-loving  men, 
disposed  rather  to  make  sacrifices  for  conciliation  and  conse 
quent  peace,  than  to  insist  for  their  entire  rights  should  the 
general  good  thereby  be  caused  to  suffer.  Some  of  them, 
under  the  influence  of  the  prevailing  excitement  and  misguided 


296  HISTORY  OF  KANSAS. 

opinions,  were  led  to  the  commission  of  grievous  mistakes,  but 
not  with  the  deliberate  intention  of  doing  wrong. 

11  A  very  few  men,  resolved  upon  mischief,  may  keep  in  a 
state  of  unhealthy  excitement  and  involve  in  fearful  strife  an 
entire  community.  This  was  demonstrated  during  the  civil 
commotions  with  which  the  territory  was  convulsed.  While 
the  people  generally  were  anxious  to  pursue  their  peaceful 
callings,  small  combinations  of  crafty,  scheming  and  designing 
men  succeeded,  from  purely  selfish  motives,  in  bringing  upon 
them  a  series  of  most  lamentable  and  destructive  difficulties. 
Nor  are  they  satisfied  with  the  mischief  already  done.  They 
never  desired  that  the  present  peace  should  be  effected ;  nor 
do  they  intend  that  it  shall  continue  if  they  have  the  power 
to  prevent  it.  In  the  constant  croakings  of  disaffected  indi 
viduals  in  various  sections,  you  hear  only  the  expressions  of 
evil  desires  and  intentions.  Watch,  then,  with  a  special, 
jealous  and  suspicious  eye  those  who  are  continually  indulging 
surmises  of  renewed  hostilities.  They  are  not  the  friends  of 
Kansas,  and  there  is  reason  to  fear  that  some  of  them  are  not 
only  the  enemies  of  this  territory,  but  of  the  Union  itself.  Its 
dissolution  is  their  ardent  wish,  and  Kansas  has  been  selected 
i, — tt°  a  fit  place  to  commence  the  accomplishment  of  a  most 
nefarious  design.  The  scheme  has  thus  far  been  frustrated  ; 
but  it  has  not  been  abandoned.  You  are  intrusted,  not  only 
with  the  guardianship  of  this  territory,  but  the  peace  of  the 
Union,  which  depends  upon  you  in  a  greater  degree  than  you 
lay  at  present  suppose. 

"  You  should,  therefore,  frown  down  every  effort  to  foment 
discord,  and  especially  to  array  settlers  from  different  sections 
of  the  Union  in  hostility  against  each  other.  All  true  patriots, 
whether  from  the  north  or  south,  the  east  or  west,  should 
^unite  together  for  that  which  is  and  must  be  regarded  as  a 
"common  cause,  the  preservation  of,  the  Union;  and  he  who 
shall  whisper  a  desire  for  its  dissolution,  no  matter  what  may 
be  his  pretensions,  or  to  what  faction  or  party  he  claims  to 
belong,  is  unworthy  of  your  confidence,  deserves  your  strongest 
reprobation,  and  should  be  branded  as  a  traitor  to  his  country. 
There  is  a  voice  crying  from  the  grave  of  one  whose  memory 
is  dearly  cherished  in  every  patriotic  heart,  and  let  it  not  cry 
in  vain.  It  tells  you  that  this  attempt  at  dissolution  is  no 
new  thing ;  but  that,  even  as  early  as  the  days  of  our  first 
president,  it  was  agitated  by  ambitious  aspirants  for  place  and 
power.  And  if  the  appeal  of  a  still  more  recent  hero  and 


GOV.  GEARY'S  FAREWELL  ADDRESS.  297 

patriot  was  needed  in  his  time,  how  much  more  applicable  is 
it  now,  and  in  this  territory ! 

" i  The  possible  dissolution  of  the  Union/  he  says,  l  has  at 
length  become  an  ordinary  and  familiar  subject  of  discussion. 
Has  the  warning  voice  of  Washington  been  forgotten?  or  have 
designs  already  been  formed  to  sever  the  Union  ?  Let  it  not 
be  supposed  that  I  impute  to  all  of  those  who  have  taken  an 
active  part  in  these  unwise  and  unprofitable  discussions,  a  want 
of  patriotism  or  of  public  virtue.  The  honorable  feelings  of 
state  pride  and  local  attachments  find  a  place  in  the  bosoms 
of  the  most  enlightened  and  pure.  But  while  such  men  are 
conscious  of  their  own  integrity  and  honesty  of  purpose,  they 
ought  never  to  forget  that  the  citizens  of  other  states  are  their 
political  brethren ;  and  that,  however  mistaken  they  may  be  in 
their  views,  the  great  body  of  them  are  ecfually  honest  and 
upright  with  themselves.  Mutual  suspicions  and  reproaches 
may,  in  time,  create  mutual  hostility,  and  artful  and  designing 
men  will  always  be  found  who  are  ready  to  foment  these  fatal 
divisions,  and  to  inflame  the  natural  jealousies  of  different 
sections  of  the  country.  The  history  of  the  world  is  full  of 
such  examples,  and  especially  the  history  of  republics.' 

*•'  When  I  look  upon  the  present  condition  of  the  territory, 
and  contrast  it  with  what  it  was  when  I  first  entered  it,  I  feel 
satisfied  that  rny  administration  has  not  been  prejudicial  to  its 
interests.  On  every  hand,  I  now  perceive  unmistakable  indi 
cations  of  welfare  and  prosperity.  The  honest  settler  occupies 
his  quiet  dwelling,  with  his  wife  and  children  clustering 
around  him,  unmolested,  and  fearless  of  danger.  The  solitary 
traveller  pursues  his  way  unharmed  over  every  public  thorough 
fare.  The  torch  of  the  incendiary  has  been  extinguished,  and 
the  cabins  which  were  destroyed,  have  been  replaced  by  more 
substantial  buildings.  Hordes  of  banditti  no  longer  lie  in 
wait  in  every  ravine  for  plunder  and  assassination.  Invasions 
of  hostile  armies  have  ceased,  and  infuriated  partisans,  living 
in  our  midst,  have  emphatically  turned  their  swords  into 
ploughshares,  and  their  spears  into  pruning-hooks.  Laborers 
are  everywhere  at  work — farms  are  undergoing  rapid  improve 
ments — merchants  are  driving  a  thriving  trade,  and  mechanics 
pursuing  with  profit  their  various  occupations.  Real  estate, 
in  town  and  country,  has  increased  in  value  almost  without 
precedent,  until  in  some  places  it  is  commanding  prices  that 
never  could  have  been  anticipated.  Whether"  this  healthy 
and  happy  change  is  the  result  solely  of  my  executive  labors, 


298  HISTORY  OF  KANSAS. 

or  not,  it  certainly  has  occurred  during  my  administration. 
Upon  yourselves  must  mainly  depend  the  preservation  and 
perpetuity  of  the  present  prosperous  condition  of  affairs. 
Guard  it  with  unceasing  vigilance,  and  protect  it  as  you  would 
your  lives.  Keep  down  that  party  spirit,  which,  if  permitted 
to  obtain  the  mastery,  must  lead  to  desolation.  Watch  closely, 
and  condemn  in  its  infancy,  every  insidious  movement  that 
1  can  possibly  tend  to  discord  and  disunion.  Suffer  no  local 
prejudices  to  disturb  the  prevailing  harmony.  To  every  appeal 
to  these,  turn  a  deaf  ear,  as  did  the  Saviour  of  men  to  the 
promptings  of  the  deceiver.  Act  as  a  united  band  of  brothers, 
bound  together  by  one  common  tie.  Your  interests  are  the 
same,  and  by  this  course  alone  can  they  be  maintained.  Follow 
this,  and  your  hearts  and  homes  will  be  made  light  and  happy 
by  the  richest  blessings  of  a  kind  and  munificent  Providence. 

"  To  you,  the  peaceable  citizens  of  Kansas,  I  owe  my 
grateful  acknowledgments  for  the  aid  and  comfort  your  kind 
assurances  and  hearty  co-operation  have  afforded  in  ma-ny  dark 
and  trying  hours.  You  have  my  sincerest  thanks,  and  my 
earnest  prayers  that  you*  may  be  abundantly  rewarded  of 
Heaven. 

"  To  the  ladies  of  the  territory — the  wives,  mothers,  sisters 
and  daughters  of  the  henest  settlers — I  am  also  under  a  weight 
of  obligation.  Their  pious  prayers  have  not  been  raised  in  vain, 
nor  their  numerous  assurances  of  confidence  in  the  policy  of 
iny  administration  failed  to  exert  a  salutary  influence. 

"  And  last,  though  not  the  least,  I  must  not  be  unmindful 
of  the  noble  men  who  form  the  military  department  of  the 
west.  To  General  Persifer  F.  Smith  and  the  officers  acting 
under  his  command,  I  return  my  thanks  for  many  valuable 
services.  Although  from  different  parts  of  the  Union,  and 
naturally  imbued  with  sectional  prejudices,  I  know  of  no 
instance  in  which  such  prejudices  have  been  permitted  to 
stand  in  the  way  of  a  faithful,  ready,  cheerful  and  energetic 
discharge  of  duty.  Their  conduct  in  this  respect  is  worthy  of 
universal  commendation,  and  presents  a  bright  example  fnr 
those  executing  the  civil  power.  The  good  behavior  of  all  the 
soldiers  who  were  called  upon  to  assist  me,  is,  in  fact,  deserving 
of  especial  notice.  Many  of  these  troops,  officers  and  men, 
had  served  with  me  on  the  fields  of  Mexico  against  a  foreign 
foe,  and  it  is  a  source  of  no  little  satisfaction  to  know  that  the 
laurels  there  won  have  been  further  adorned  by  the  praise- 


THE  MUEDERER  OF  HOPPE.  299 

worthy  alacrity  with  which  they  aided  to  allay  a  destructive 
fratric'  dal  strife  at  home. 

"With  a  firm  reliance  in  the  protecting  care  and  overruling 
providence  of  that  Great  Being  who  holds  in  his  hand  the 
destinies  alike  of  men  and  of  nations,  I  bid  farewell  to  Kansas 
and  her  people,  trusting  that  whatever  events  may  hereafter 
befall  them,  they  will,  in  the  exercise  of  His  wisdom,  goodness 
and  power,  be  so  directed  as  to  promote  their  own  best 
interest  and  that  of  the  beloved  country  of  which,  they  are 
destined  to  form  a  most  important  part. 

"  JNO.  W.  GEARY. 

'•Lecompton,  March  10,  1857." 


CHAPTER  XLIV. 

Election  of  a  free-state  mayor  at  Leavenworth. — Arrest  of  the  murderer 
of  lloppe. — Resignation  of  Judge  Cunningham. — Appointment  of  Judge 
Williams. — Removal  of  Judge  Lecompte. — Taking  of  the  census. — Hon. 
Robert  J.  Walker. 

\\rM.  E.  MURPHY,  mayor  of  Leavenworth,  having  been  ap 
pointed  agent  for  the  Potawattomie  Indians,  an  election  was 
held  in  that  city,  and  H.  J.  Adams,  a  free-state  candidate,  was 
elected  by  a  large  majority  of  the  inhabitants.  This  was 
about  the  first  election  held  in  that  place  upon  which  no  unfair 
influences  were  brought  to  bear,  and  with  which  invaders  from 
the  opposite  side  of  the  river  did  not  attempt  to  interfere. 
Mr.  Adams  entered  upon  the  duties  of  his  office  with  consid 
erable  energy,  and  by  his  prompt,  decisive,  and  just  action, 
soon  gained  the  confidence  and  respect  of  all  classes  of  the 
peaceably  disposed  citizens.  One  of  his  first  important  acts  was 
the  arrest  of  the  murderer  of  Mr.  Hoppe,  the  following  account 
of  which  was  furnished  by  a  resident  of  Leavenworth  City  to 
the  J\[issouri  Democrat,  under  date  of  27th  of  May : — 

'•  Early  yesterday  morning,  the  mayor  of  this  city  received 
information  that  Fugitt  was  on  board  of  a  steamer  lying  at  the 
levee.  An  officer  was  called,  a  writ  placed  in  his  hands,  and 
with  a  posse  he  went  to  the  steauu-r  and  found  Fugitt  locked 
in  his  state-room.  The  du^r  was  forced  open,  and  Fugitt  was 
asked  his  name.  He  replied  that  it  was  '  Jones.'  He  tried 


300  HISTORY  OP  KANSAS. 

to  make  his  escape,  but  was  not  successful.  The  officer  ar 
rested  him,  and  the  prisoner  was  conveyed  to  the  court-room, 
where  an  effort  was  made  to  have  him  released  on  bail,  by  hig 
counsel;  but  Judge  Lecompte  refused,  and  gave  the  marshal 
orders  to  ascertain  whether  he  could  place  him  in  confincnu'ut 
at  the  fort;  if  not,  to  put  him  in  chains  and  imprison  him  in 
the  town  jail,  to  which  he  was  conveyed,  and  a  guard  placed 
over  him,  a  large  chain  fastened  to  his  feet,  and  to  a  ring  in 
the  floor  of  his  cell  the  wretched  man  was  fastened. 

11  This  Fugitt  is  a  young  man,  about  twenty-five  years  of 
age,  well  dressed,  a  bad  look  about  his  face.  I  have  just  re 
turned  from  a  visit  to  the  cell  where  he  is  confined.  The  iron 
door  and  grating  was  swung  back  by  the  keeper,  and  in  com 
pany  with  a  member  of  the  press,  I  entered  a  damp,  dark 
room,  with  a  few  small  holes  in  each  side  to  admit  the  air  and 
light.  The  inmate  was  upon  the  bed;  he  arose  as  we  entered, 
and  commenced  smoking.  Yesterday  he  was  very  talkative 
with  those  who  called  upon  him;  this  morning  he  would  say 
but  little.  He  protests  that  he  is  innocent  of  the  crime  al 
leged  against  him  in  the  indictment.  He  is  confined  in  the 
same  room  in  which  the  Rev.  E.  Nute,  of  Lawrence,  was  im 
prisoned  by  Emery's  gang,  last  summer,  during  the  difficult i.  s, 
and  which  he  has  so  accurately  described  in  several  of  the 
eastern  journals. . 

"  Fugitt  is  the  same  person  who  made  a  bet  in  this  city  last 
August,  that  before  night  he  would  have  a  Yankee  scalp.  He 
got  a  horse  and  rode  out  into  the  country  a  few  miles,  and 
met  a  German,  a  brother-in-law  of  the  Ilev.  E.  Nute,  named 
lloppe.  He  asked  if  he  was  from  Lawrence.  Hoppe  replied 
that  he  was.  Fugitt  immediately  levelled  his  revolver  and 
fired,  the  shot  taking  effect  in  the  temples,  and  Hoppe  fell 
a  corpse.  The  assassin  dismounted  from  his  horse,  cut  the 
scalp  from  the  back  of  his  head,  tied  it  to  the  end  of  a  pole, 
and  returned  to  town,  exhibiting  it  to  the  people,  and  blasting 
of  his  exploit.  The  body  of  the  victim  was  found  shortly  after, 
and  buried  on  <  Pilot  Knob/  about  two  miles  distant  from 
this  city.  This  same  Fugitt  was  one  of  the  party  who,  when 
the  widow  came  from  Lawrence  to  look  for  her  husband's 
corpse,  forced  her  on  board  of  a  steamer,  an  I  sent  her  down  the 
river.  Now,  the  assassin  is  in  safe  keeping,  there  is  hope  of 
justice  being  meted  out  to  him,  and  that  he  will  soon  suffer 
for  his  crime  on  the  gallows.  He  is  to  be  arraigned  for  trial 
before  Judge  Lecompte,  on  Monday  next.  A  packed  jury 


JUDGE  THOMAS  CUNNINGHAM.  301 

may  bring  in  a  verdict  of  not  guilty;  but  even  then  he  is  in 
danger  of  punishment.  His  murderous  deeds  were  too  public, 
and  there  are  too  many  who  saw  him  at  the  time  and  heard 
his  boasting,  to  have  him  escape  for  the  want  of  evidence.  A 
gentleman  now  living  in  this  city  saw  him  exhibiting  four 
scalps  at  one  time,  during  the  troubles  of  last  summer.  His 
trial  will  be  watched  with  a  great  deal  of  interest  by  the 
people. 

u  The  city  marshal  last  night  arrested,  and  locked  up  in  jail, 
Deputy-Sheriff  David  Brown,  of  this  county,  for  drunkenness. 
Leaveuworth  is  fast  becoming  an  orderly  and  well-governed 
city." 

As  Fugitt  has  no  personal  friends  of  influence  in  the  terri 
tory  ;  as  the  evidences  of  his  guilt  are  clear  and  positive ;  and 
as  it  can  no  longer  be  a  matter  of  policy  for  his  former  asso 
ciates  to  screen  or  protect  him,  his  conviction  and  punishment 
are  considered  as  certain.  If  this  be  so,  he  will  be  the  first 
of  the  hundreds  of  murderers  who  will  suffer  the  just  penalty 
of  the  violated  law. 

Thomas  Cunningham,  Esq.,  who  had  been  appointed  to  fill 
the  vacancy  occasioned  by  the  death  of  the  associate  justice 
of  the  territory,  reached  Kansas  in  January,  and  remained 
there  during  the  session  of  the  Legislative  Assembly,  ac 
quainting  himself  thoroughly  with  the  true  condition  of  the 
country  and  of  his  prospects  for  usefulness  in  that  field  of  judi 
cial  labor.  Judge  Cunningham  was  from  Beaver  county, 
Pennsylvania ;  has  been  during  his  whole  life  an  active  mem 
ber  of  the  democratic  party,  and  was  one  of  the  electors  for 
Mr.  Buchanan,  in  the  late  presidential  canvass.  He  is  a  gen- 
tli'inan  of  superior  legal  attainments  and  unquestioned  integ 
rity  ;  frank  and  fearless  in  the  expression  of  his  opinions,  and 
manly  and  courteous  in  his  whole  deportment.  He  was  not 
slow  to  discover  the  cause  of  the  past  and  existing  difficulties, 
and  the  course  of  conduct  that  exigencies  demanded  him  to 
pursue.  The  inefficiency  of  his  associates  was  apparent,  as 
well  from  their  want  of  proper  legal  knowledge  as  their  parti 
san  affiliations  and  complication  with  the  disturbances  that  had 
distracted  the  territory.  Determined  to  avoid  the  rock  upon 
which  they  had  split,  he  marked  out  for  himself  a  just  and 
honorable  line  of  conduct,  and,  in  the  prosecution  of  his  du 
ties,  resolved  to*  recognise  no  local  party,  but  to  hold  the  scales 
of  justice  with  an  even  hand ;  in  conforming  to  which  reso 
lution,  he  refused  to  identify  himself  with  the  pro-slavery  fac- 
26 


30-2  HISTORY  OF  KANSAS. 

tion  that  assumed  the  name  of  the  "  National  Democracy,"  or 
be  present  at  any  of  its  meetings.  He,  therefore,  failed  to 
meet  the  approbation  of  the  Legislature,  who,  in  apportioning 
him  a  district,  took  care  to  assign  him  a  position  which  they 
felt  assured  he  would  not  accept,  as  he  could  not  occupy  it  with 
satisfaction  to  himself  or  benefit  to  the  people.  After  duly 
considering  all  the  circumstances  connected  with  his  situation, 
Judge  Cunningham  tendered  his  resignation  to  President  Bu 
chanan,  and  returned,  doubtless  somewhat  disgusted  with  what 
he  had  learned,  to  his  former  home.  Judge  Joseph  Williams, 
formerly  of  Pennsylvania,  but  more  recently  of  Iowa,  has  been 
appointed  his  successor.  This  gentleman  also  sustains  an 
honorable  reputation,  and  the  people  of  Kansas  may  reasona 
bly  expect  from  him,  in  his  official  capacity,  the  exercise  of 
even-handed  justice. 

The  removal  of  Chief  Justice  Lecompte  has  at  length  been 
determined  upon  by  the  president.  This  fact  will  give  satis 
faction  to  the  citizens  of  all  parties  who  sincerely  desire  the 
continued  peace  and  prosperity  of  the  territory. 

A  writer  for  the  Missouri  Democrat,  under  date  of  Leaven- 
worth,  May  28th,  gives  the  following  description  of  the 
manner  in  which  the  census  has  been  taken,  and  the  names  of 
the  delegates  chosen  from  the  Leavenworth  district  for  the 
constitutional  convention : — 

"  The  (  National  Democrats/  so  called,  i.  e.  rabid  pro-slavery 
faction  of  this  district,  have  met  in  convention,  and  made  a 
selection  of  the  following  persons  to  be  their  nominees  for 
delegates  to  the  constitutional  convention  which  is  to  meet  at 
Lecompton  in  September  next: 

"  John  D.  Henderson,  editor  of  The  Journal;  Gen.  Enstin, 
editor  of  The  Herald;  Hugh  M.  Moore,  Jared  Todd,  Capt. 
Bill  Martin,  Gov.  Robinson's  jailor  last  May  in  this  city; 
Joseph  Hall,  county  commissioner ;  James  Doniphan  of 
Leavenworth;  Gov.  Win.  Walker.  Wyandott;  S.  J.  Cookagey, 
Easton;  William  Christiansen,  Delaware  City;  G.  B.  lledman, 
Delaware  City,  and  one  vacancy.  The  census-taker  returned 
the  names  of  1837  as  qualified  voters  in  Leavenworth  county, 
and  upon  those  returns  the  governor  made  his  apportionment, 
giving  them  twelve  or  one-fifth  the  members  of  the  conven 
tion.  About  one  delegate  to  a  hundred  and  fifty  voters.  The 
officials  at  Lecompton  arc  free  to  acknowledge  that  several  of 
the  counties  remain  to  le  taken,  as  no  returns  have  been  re- 


HON.  ROBERT  J.  WALKER.  303 

coived  from  them.  But  upon  the  returns  already  made  to  the 
governor,  he  makes  the  apportionment,  and  those  districts 
where  the  census  has  not  been  taken,  can  have  no  representa 
tion  in  said  convention,  even  if  desired.  These  districts 
which  have  been  overlooked  by  the  bogus  officials  are  free- 
state.  Can  there  be  a  clearer  evidence  of  fraud  than  this? 
Lawrence  is  supposed  to  be  considerable  of  a  town,  and  that 
it  contains  a  goodly  number  of  inhabitants.  But  the  census- 
taker  could  only  find  about  a  dozen  names  in  that  city  to  put 
upon  his  list  There  is  a  firm  in  that  city,  two  brothers;  they 
are  always  attending  to  their  business,  and  together.  One  of 
them  is  a  free-state  man,  while  the  other  voted  for  Whitfield 
last  fall,  and  he  has  his  name  upon  the  census  lists,  while  the 
other  has  not;  then  the  lists  were  not  posted  in  accordance 
with  the  provisions  of  their  own  laws  made  for  that  purpose, 
and  the  people  could  not  know  whether  their  names  were 
down  or  not." 

Hon.  Robert  J.  Walker,  whose  name  is  familiar  to  all  Amer 
ican  citizens,  was  appointed  by  the  president  as  successor  to 
Governor  Geary.  The  Washington  correspond^at-ef  the  New 
York  Daily  Times,  speaks  of  this  eminent  statesman  in  the 
following  highly  commendatory  manner. : — 

"  It  seems  to  be  the  common  supposition  that  Mr.  Walker  is 
entirely  identified  with  the  extreme  southern  interest,  and  that 
his  sympathies  are  with  the  school  of  Davis,  Toombs  and  oth 
ers  of  the  secessionist  stripe.  This  is  not  the  case,  and  scarcely 
ought  to  be  charged  against  the  man  who  was  chosen  to  the 
United  States  Senate,  from  Mississippi,  as  the  opponent  of  Mr. 
Poindexter,  in  the  very  campaign  in  which  the  latter  gentleman 
stumped  the  state  under  the  palmetto  flag,  as  the  advocate  of 
South  Carolina  nullification!  Mr.  Walker's  course,  at  that 
time,  met  with  the  approbation  of  every  Union  man  through 
out  the  land.  His  standard  was  the  flag  of  the  Union,  which 
he  wore  around  his  waist,  in  which  costume  he  denounced  dis 
union  as  treason,  in  every  principal  town  and  village  of  his 
adopted  southern  state. 

'•Robert  J.  Walker,  the  son  of  Judge  Walker — one  of  the 
judges  of  the  Supreme  Court  of  the  United  States — was  born 
in  Pennsylvania,  and,  I  believe,  not  far  from  the  home  of  Mr. 
Buchanan.  He  studied  law  under  his  own  father,  and  practised 
his  profession  at  Pittsburgh,  where  he  married  a  daughter  of 


304  HISTORY  OF  KANSAS. 

Franklin  Bache,  of  Philadelphia,  and  a  errand-daughter  of 
Benjamin  Franklin.  The  first  nomination  of  Andrew  Jackson 
for  the  presidency,  was  made  by  young  Walker,  shortly  after 
he  was  admitted  to  the  bar,  at  a  convention  of  the  Pennsylva 
nia  democracy.  After  his  emigration  to  Mississippi,  he  became 
identified  with  Texan  independence,  but  took  no  leading  part 
in  national  matters  until  the  declaration  of  South  Carolina  in 
favor  of  nullification  had  excited  his  zeal  in  behalf  of  the  Union. 
Then  succeeded  the  famous  struggle  between  himself  and 
Poindexter — the  latter  the  right  hand  of  Calhoun  in  Missis 
sippi,  through  whom  he  hoped  to  gain  over  that  state  to  the 
cause  of  secession,  or  an  unconstitutional  states  rights  extreme. 
No  Mississippian  will  ever  forget  that  famous  canvass,  nor 
ouc;ht  it  to  go  out  of  the  memory  of  patriots  in  the  north. 
Whatever  may  have  been  the  real  causes  of  complaint  against 
Mr.  Walker  since,  he  did  his  duty  then  manfully,  triumph 
antly,  and  in  a  way  which  caused  him  to  take  his  seat  as  an 
equal  among  the  giants  who  composed  the  senatorial  body  of 
that  period. 

"  Walker,  in  the  Senate,  soon  became  a  confidential  friend 
of  Jackson,  and  took  a  leading  part  in  the  annexation  of 
Texas ;  but  be  it  remembered  by  those  who  distrust  him  on 
account  of  his  supposed  pro-slavery  proclivities,  that  lie  stren 
uously  opposed  Mr.  Calhoun' s  project  of  making  all  of  Texas 
slave  territory,  and  was  the  main  instrument  of  making  the 
freedom  of  the  soil  of  the  northern  portion  of  our  newly  ac 
quired  possessions  a  condition  of  annexation. 

"  Walker  was  first  requested  by  Mr.  Polk  to  enter  his  Cab 
inet  as  Attorney-General,  that  post  being  deemed  most  in  ac 
cordance  with  his  tastes;  but  subsequent  events  transferred 
him  to  the  Treasury  Department.  He  then  inaugurated  the 
"  Revenue/'  as  distinguished  from  the  "  Protection "  tariff 
system,  and  drew  up  and  reported  the  tariff  of  184(3.  It  was 
a"  bold*  measure,  reducing  duties  more  than  one-half,  on  an 
n  v. 'rage,  and  that  at  a  time  when  the  country  was  involved  in 
a  war,  and  in  opposition  to  the  views  of  the  commercial, 
moneyed  and  manufacturing  classes.  On  the  passage  of  the 
bill,  Mr.  Evans,  Senator  from  Maine,  and  considered  the  finan 
cial  leader  of  the  Whigs,  declared,  in  his  place,  that  the  reve 
nue  of  the  next  year  would  not  be  $12,000.000.  Daniel 
Webster  left  a  memorandum  with  the  clerk  of  the  Senate, 
that  it  would  not  produce  $14,000,000.  Abbott  Lawrence, 
and  the  banking  interests  of  this  city  and  New-England,  con- 


SECRETARY  STANTON.  305 

sidered  the  policy  as  destructive.  Walker's  recorded  esti 
mate  was  that  it  would  give,  in  the  first  year,  $30,000,000. 
It  gave  $29,000,000  and  some  hundreds  of  thousands,  and 
has  gone  on  increasing  until  it  has  reached  its  present  prodi 
gious  amount. 

"  Walker  is  the  only  cabinet  officer  who  has  had  his  reports 
reprinted  abroad.  Sir  Robert  Peel  had  them  printed  fcr 
the  benefit  of  the  House  of  Commons,  and  his  is  the  honor  of 
being  the  only  financial  minister  whom  the  world  has  pro 
duced,  who  has  advanced  government  stocks,  and  maintained 
them  above  par,  during  a  foreign  war,  and  while  it  was  bor 
rowing  money  dailv. 

"  If  this  sketch  sounds  like  a  panegyric,  it  is  because 
I  have  cared  to  present  only  one  side,  and  a  true  one,  of 
the  character  of  a  very  remarkable  man,  who  is  about  to 
be  intrusted  with  the  practical  care  of  settling  the  most 
important  question  which  has  agitated  the  country  for  many 
years,  and  who,  it  is  believed  here,  will  do  it  in  the  interest 
of  the  Union,  in  accordance  with  the  principles  of  the  Kan 
sas-Nebraska  law,  and  if  the  majority  (as  is  doubtless  the 
case)  of  the  people  of  Kansas  are  free-state  men,  in  a  way  to 
secure  the  triumph  of  freedom  over  slavery." 


CHAPTER  XLV. 

Arrival  in  Kansas  of  Secretary  Stanton  and  Governor  Walker. — Th« 
policy  of  the  new  administration. — Disapprobation  of  the  pro-slavery 
party. 

FREDERICK  P.  STANTON,  having  been  appointed  secretary 
of  Kansas,  to  fill  the  vacancy  occasioned  by  the  elevation  of 
Mr.  Woodson  to  the  office  of  receiver  of  the  Delaware  land 
district,  proceeded  in  advance  of  Governor  Walker  to  the  ter 
ritory,  and  arrived  at  Lecompton  on  the  15th  of  April,  where 
he  took  charge  of  the  executive  office  as  acting-governor. 

He  commenced  at  once  to  inaugurate  the  policy  of  the 
newly  appointed  governor,  agreeably  to  his  instructions  pre 
vious  to  his  departure  from  Washington.  Mr.  Stanton  issued 
an  address  defining  that  policy,  all  the  features  of  which  will 
be  found  in  the  Inaugural  of  Governor  Walker,  which,  not- 
26*  U 


306  HISTORY  OF  KANSAS. 

withstanding  its  great  length,  is  considered  of  sufficient  im 
portance  to  receive  a  place  in  the  appendix  to  this  work. 
The  first  important  official  act  of  the  secretary,  was  to  make 
an  apportionment  of  delegates  to  the  convention  to  frame  a 
P state  constitution  agreeably  to  the  bill  adopted  by  the  late 
Legislative  Assembly.  This  was  done  from  the  notoriously 
unfair  and  partial  returns  of  the  census  takers.  These  returns 
might,  with  propriety,  have  been  repudiated  by  the  acting- 
governor,  as  the  provisions  of  the  census  law  had  not  been 
observed.  This  fact  is  sufficient  to  condemn  the  constitution 
that  may  be  framed  by  the  convention  to  be  elected  from  the 
census  returns  and  the  apportionment  of  delegates  made  by 
Mr.  Stanton. 

Governor  Walker  reached  Leavenworth  City  on  the  25th  of 
May,  and  was  received  by  a  large  concourse  of  citizens.  A 
few  days  afterwards,  having  visited  Lawrence,  he  issued  his 
Inaugural  Address  at  Lecompton.  This  document  was  in 
tended  to  conciliate  both  the  prominent  political  parties,  but 
it  has  failed  to  give  satisfaction  to  either,  and  the  Kansas  dif 
ficulties  are  as  far  as  ever  from  being  amicably  adjusted.  The 
free-state  people  have  no  confidence  in  the  assurance  that  the 
pro-slavery  party  will  permit  them  to  give,  through  the  ballot- 
box,  a  fair  expression  of  their  wishes,  or  that  the  constitution 
to  be  framed  by  the  convention  to  be  chosen  in  June,  will  be 
submitted  to  the  citizens  of  the  territory  for  their  ratification 
or  rejection.  This  proposition  had  been  made  by  Governor 
Geary  to  the  legislature  which  passed  the  census  act,  and 
was  indignantly  rejected.  Nor  is  the  pro-slavery  party  willing 
to  abandon  the  idea  of  forcing  slavery  upon  Kansas,  simply 
because  the  suggestion  has  been  made  that  at  some  future  day 
the  institution  may  be  established  in  the  Indian  Territory,  and 
an  equilibrium  of  the  slave  power,  thus  maintained.  The 
scheme  to  make  Kansas  a  slave  state  is  too  precious  to  be  re 
linquished  as  easily  as  Governor  Walker  appears  to  have  imag 
ined,  Hence  his  suggestion  to  refer  the  constitution  to  be 
formed  back  to  the  people,  meets  with  the  most  decided  con 
demnation.  The  Kansas  pro-slavery  leaders,  who  promised 
the  governor  that  they  would  throw  no  obstacles  in  the  way 
of  his  peaceful  administration,  have  lost  much  of  their  enthu 
siastic  admiration  of  his  excellency,  whilst  the  southern  press 
have  commenced  to  denounce  his  policy  in  terms  that  cannot 
be  misunderstood.  The  Charleston  Mercury  concludes  a 
lengthy  article  with  the  following  significant  paragraph  : — 


GOV.  WALKER  AND  THE  SOUTHERN  PRESS.  307 

"Now  we  hold  that  the  submitting  ©f  the  constitution  soon 
to  be  framed  by  the  people  of  Kansas  in  convention  assembled, 
back  again  to  the  people  individually,  for  ratification,  is  a  work 
of  supererogation — a  matter  to  be  done  or  not,  entirely  to  the 
discretion  of  the  convention,  as  a  thing  of  contingent  expedi 
ency  only,  and  not  by  any  means  a  thing  of  necessity.  And 
we  cannot  but  look  upon  this  suggestion  of  Mr.  Stanton,  how 
ever  coupled  with  declarations  of  southern  feeling,  and  the 
determination  expressed  by  Governor  Walker,  jts .partaking  of 
the  _n£_tiirn  o**  ^fli"1'-'!  dictation,  and  being  in  fact,  a  violation 
oF  the  promised  neutrality — an  .insidious  and  high-minded 
breach  of  faith  towards  the  south  and  southern  men  in  Kansas. 
"We,  therefore,  desire  in  the  outset  to  stamp  this  game  as  it 
deserves,  and  to  protest  against  all  attempts  to  influence  the 
action  of  the  convention  from  without,  whether  coming  from 
the  territorial  officers  appointed  by  the  president,  or  the  free- 
soil  schemers  of  New  York  and  Boston.  The  real  object  and 
end  is  under  the  guise  of  fair  words  to  the  south  to  make  a 
free  state  of  Kansas." 

The  South,  published  at  Richmond,  Va.,  is  no  less  severe 
in  its  expressions  of  disapprobation,  as  may  be  seen  from  the 
following  article  : — 

"  Upon  the  new  plan,  which  Governor  Walker  promulgates 
for  the  settlement  of  the  Kansas  difficulty,  we  cannot  venture 
an  opinion  before  we  scrutinize  it  in  detail.  There  is  one  point, 
however,  upon  which  we  can  give  an  instant  and  emphatic 
judgment;  and  that  is,  the  proposition  to  submit  the  constitu 
tion  of  Kansas  to  a  popular  vote.  In  respect  of  general  policy, 
such  a  step  would  inevitably  involve  very  disastrous  conse 
quences.  In  the  first  place,  it  would  inflame  and  prolong  the 
controversy,  and  would  ultimately  throw  Kansas  into  the  arms 
of  the  abolitionists.  But  any  discussion  of  the  measure  in  re 
gard  of  expediency  is  unnecessary  and  irrelevant,  since  the 
convention  which  is  to  frame  a  state  constitution  for  Kansas  is 
endowed  with  no  authority  to  submit  their  work  to  the  popular 
vote.  The  act  by  which  the  convention  is  assembled  ascertains 
and  limits  its  powers,  and  in  that  act  there  is  not  one  word 
about  submitting  the  constitution  to  the  people.  The  conven 
tion  can  do  nothing  for  which  there  is  not  an  express  authority 
in  the  law ;  and  as  there  is  neither  an  express  nor  implied  au 
thority  in  the  law  to  submit  the  constitution  of  Kansas  to  the 
vote  of  the  inhabitants  of  the  territory,  the  step  would  be  an 


308  HISTORY  OF  KANSAS. 

illegal  and  invalid  usurpation  of  power.  The  proposition  is 
too  plain  to  allow  of  controversy.  Submit  it  to  any  lawyer  in 
the  land,  from  Chief  Justice  Taney  or  Reverdy  Johnson  to  the 
poorest  pettifogger  in  the  most  obscure  country  village,  and  the 
instant  answer  will  be  that  the  convention  in  Kansas  has  no 
right  to  submit  the  constitution  to  a  popular  vote.  The  jour 
nals  of  the  north  concede  the  point,  and  declaim  against  the 
law  calling  the  convention  on  the  ground  that  it  makes  no  pro 
vision  for  a  popular  vote  on  the  constitution.  Why  then  does 
Governor  Walker  raise  the  question  ?  It  is  especially  surpris 
ing  that  he  should  assume  an  undeniably  untenable  position." 

There  is  no  probability  of  a  renewal  of  the  civil  war  that 
disgraced  the  territory  previous  to  the  arrival  there  of  Governor 
Geary.  The  recent  immigration  of  frefc-state  settlers  has  so 
swelled  their  numbers,  that  no  attempt  will  again  be  made  to 
drive  them  from  the  territory,  coerce  them  into  any  unjust" 
position,  or  in  any  way  disturb  them  by  armed  forces  from 
Missouri  or  elsewhere.  It  is  well  understood  that  an  under 
taking  of  this  kind  would  inevitably  result  in  a  certain  and 
calamitous  defeat.  The  only  ground  for  hope  now  left  to  the 
pro-slavery  party,  is  in  the  action  of  the  convention  to  meet  in 
September  next.  Should  the  constitution  framed  by  that  body 
be  rejected  by  Congress,  as  justice  demands,  in  consequence 
of  the  illegality  of  the  convention  itself,  or  from  any  other  cause, 
the  Kansas  difficulties  will  soon  be  settled,  by  the  admission 
of  that  beautiful  territory  as  a  free  state  into  the  Union. 

NOTE. — The  report  that  Judge  Lecompte  had  been  removed,  ap 
pears  to  have  been  without  foundation.  He  still  occupies  the  posi 
tion  of  Chief  Justice  of  Kansas.  Fugitt  or  Fugert,  charged  with 
the  murder  and  scalping  of  Koppe,  was  recently  tried  and  acquitted 
at  a  court  over  which  Lecompte  presided.  It  is  certain  that  no  pro- 
slavery  offender  can  be  convicted  in  Kansas  under  existing  circum 
stances,  however  heinous  his  crime  or  positive  the  proof  of  his  guilt. 


APPENDIX. 


MESSAGE  OF  GOV.  GEARY  TO  THE  LEGISLATIVE 
ASSEMBLY. 

Gentlemen  of  the  Council  and  of  the  House  of  Represent 
atives  : 

The  All-Wise  and  beneficent  Being,  who  controls  alike  the 
destinies  of  individuals  and  of  nations,  has  permitted  you  to 
convene,  this  day,  charged  with  grave  responsibilities. 

The  eyes,  not  only  of  the  people  of  Kansas,  but  of  the 
entire  Union,  are  upon  you,  watching  with  anxiety  the  re 
sult  of  your  deliberations,  and  of  our  joint  action  in  the 
execution  of  the  delicate  and  important  duties  devolving  upon 
us. 

Selected  at  a  critical  period  in  the  history  of  the  country, 
to  discharge  the  executive  functions  of  this  territory,  the  ob 
ligations  I  was  required  to  assume  were  of  the  most  weighty 
importance.  And  when  I  came  seriously  to  contemplate  their 
magnitude,  I  would  have  shrunk  from  the  responsibility,  were 
it  not  for  an  implicit  reliance  upon  Divine  aid,  and  a  full  con 
fidence  in  the  virtue,  zeal  and  patriotism  of  the  citizens,  with 
out  which  the  wisest  executive  suggestions  must  be  futile  and 
inoperative. 

To  you,  legislators,  invested  with  sovereign  authority,  I 
look  for  that  hearty  co-operation  which  will  enable  us  success 
fully  to  guide  the  ship  of  state  through  the  troubled  waters, 
into  the  haven  of  safety. 

It  is  with  feelings  of  profound  gratitude  to  Almighty  God, 
the  bounteous  Giver  of  all  good,  I  have  the  pleasure  of  an 
nouncing,  that  aftei  the  bitter  contest  of  opinion  through 

(300) 


310  HISTORY  OF  KANSAS. 

which  we  have  recently  passed,  and  which  has  unfortunately 
led  to  fratricidal  strife,  that  peace,  which  I  have  every  reason 
to  believe  to  be  permanent,  now  reigns  throughout  the  terri- 
torv,  and  gladdens,  with  its  genial  influences,  homes  and  hearts 
which  but  lately  were  sad  and  desolate ;  that  the  robber  and 
the  murderer  have  been  driven  from  our  soil ;  that  burned 
cabins  have  been  replaced  by  substantial  dwellings;  that  a 
feeling  of  confidence  and  kindness  has  taken  the  place  of  dis 
trust  and  hate ;  that  all  good  citizens  are  disposed  to  deplore 
the  errors  and  excesses  of  the  past,  and  unite  with  fraternal 
zeal  in  repairing  its  injuries ;  and  that  this  territory,  unsur 
passed  by  any  portion  of  the  continent  for  the  salubrity  of  its 
climate  and  the  fertility  of  its  soil  ;  its  mineral  and  agricul 
tural  wealth ;  its  timber-fringed  streams  and  fine  quarries  of 
building  stone;  has  entered  upon  a  career  of  unparalleled 
prosperity. 

To  maintain  the  advance  we  have  made,  and  realize  the 
bright  anticipations  of  the  future ;  to  build  up  a.  model  com 
monwealth,  enriched  with  all  the  treasures  of  learning,  of  vir 
tue  and  religion,  and  make  it  a  choice  heritage  for  our  chil 
dren  and  generations  yet  unborn,  let  me,  not  only  as  your 
executive,  but  as  a  Kansan,  devoted  to  the  interests  of  Kansas, 
and  animated  solely  by  patriotic  purposes,  with  all  earnestness 
invoke  you,  'with  one  heart  and  soul,  to  pursue  so  high  and 
lofty  a  course  in  your  deliberations,  as,  by  its  moderation  and 
justice,  will  commend  itself  to  the  approbation  of  the  country, 
and  command  the  respect  of  the  people. 

This  being  the  first  occasion  offered  me  to  speak  to  the  Leg 
islative  Assembly,  it  is  but  proper,  and  in  accordance  with 
general  usage,  that  I  should  declare  the  principles  which  shall 
give  shape  and  tone  to  my  administration.  These  principles, 
without  elaboration,  I  will  condense  into  the  narrowest  coui- 


"  Equal  and  exact  justice"  to  all  men,  of  whatever  political 
or  religious  persuasion;  peace,  comity  and  friendship  with 
neighboring  states  and  territories,  with  a  sacred  regard  for  state 
rights,  and  reverential  respect  for  the  integrity  and  perpetuity 
of  the  Union;  a  reverence  for  the  federal  constitution  as  the 
concentrated  wisdom  of  the  fathers  of  the  republic,  and  the 
very  ark  of  our  political  safety;  the  cultivation  of  a  pure  and 
energetic  nationality,  and  the  development  of  an  excellent  and 
intensely  vital  patriotism ;  a  jealous  regard  for  the  elective 
franchise,  and  the  entire  security  and  sanctity  of  the  ballot- 


311 

box ;  a  firm  determination  to  adhere  to  the  doctrines  of  self- 
government  and  popular  sovereignty  as  guaranteed  by  the  Or 
gauic  Law;  unqualified  submission  to  the  will  of  the  majority; 
the  election  of  all  officers  by  the  people  themselves ;  the  su 
premacy  of  the  civil  over  the  military  power ;  strict  economy 
in  public  expenditures,  with  a  rigid  accountability  of  all  pub 
lic  officers;  the  preservation  of  the  public  faith,  and  a  cur 
rency  based  upon,  and  equal  to,  gold  and  silver;  free  and  safe 
immigration  from  every  quarter  of  the  country ;  the  cultiva 
tion  of  the  proper  territorial  pride,  with  a  firm  determination 
to  submit  to  no  invasion  of  our  sovereignty ;  the  fostering  care 
of  agriculture,  manufactures,  mechanic  arts,  and  all  works  of 
internal  improvement ;  the  liberal  and  free  education  of  all 
the  children  of  the  territory ;  entire  religious  freedom ;  a  free 
press,  free  speech,  and  the  peaceable  right  to  assemble  and 
discuss  all  questions  of  public  interest ;  trial  by  jurors  impar 
tially  selected ;  the  sanctity  of  the  habeas  corpus ;  the  repeal 
of  all  laws  inconsistent  with  the  Constitution  of  the  United 
States  and  the  Organic  Act,  and  the  steady  administration  of 
the  government  so  as  best  to  secure  the  general  welfare. 

These  sterling  maxims,  sanctioned  by  the  wisdom  and  expe 
rience  of  the  past,  and  the  observance  of  which  has  brought 
our  country  to  so  exalted  a  position  among  the  nations  of  the 
earth,  will  be  steady  lights  by  which  my  administration  shall 
be  guided. 

A' summary  view  of  the  state  of  the  territory  upon  my  ad 
vent,  with  an  allusion  to  some  of  my  official  acts,  may  not  be 
inappropriate  to  this  occasion,  and  may  serve  to  inspire 
your  counsels  with  that  wisdom  and  prudence,  by  a  contem 
plation  of  the  frightful  excesses  of  the  past,  so  essential  to  the 
adoption  of  measures  to  prevent  their  recurrence,  and  enable 
you  to  lay  the  broad  and  solid  foundations  of  a  future  common 
wealth  which  may  give  protection  and  happiness  to  millions  of 
freemen. 

It  accords  not  with  my  policy  or  intentions  to  do  the  least 
injustice  to  any  citizen  or  party  of  men  in  this  territory  or 
elsewhere.  Pledged  to  do  "  equal  and  exact  justice"  in  my 
executive  capacity,  I  am  inclined  to  throw  the  veil  of  oblivion 
c  vcr  the  errors  and  outrages  of  the  period  antecedent  to  my 
arrival,  except  so  far  as  reference  to  them  may  be  necessary 
for  substantial  justice,  and  to  explain  and  develope  the  policy 
which  has  shed  the  benign  influences  of  peace  upon  Kansas, 
and  which,  if  responded  to  by  the  legislature  in  a  spirit  of 


312  HISTORY  OF  KANSAS. 

kindness  and  conciliation,  will  contribute  much  to  soothe  those 
feelings  of  bitterness  and  contention,  which  in  the  past  brought 
upon  us  such  untold  evils. 

I  arrived  at  Fort  Leavenworth  on  the  ninth  day  of  Septem 
ber  last;  and  immediately  assumed  the  executive  functions. 
On  the  eleventh  I  issued  my  inaugural  address,  declaring  the 
general  principles  upon  which  I  intended  to  administer  the 
government.  In  this  address  I  solemnly  pledged  myself  to 
support  the  Constitution  of  the  United  States,  and  to  discharge 
my  duties  as  Governor  of  Kansas  with  fidelity;  to  sustain  all 
the  provisions  of  the  Organic  Act,  which  I  pronounced  to  be 
"  eminently  just  and  beneficial;"  to  stand  by  the  doctrine  of 
popular  sovereignty,  or  the  will  of  the  majority  of  the  actual 
bona  fide  inhabitants,  when  legitimately  expressed,  which  I 
characterized  "  the  imperative  rule  of  civil  action  for  every 
law-abiding  citizen."  The  gigantic  evils  under  which  this 
territory  was  groaning  were  attributed  to  outside  influences, 
and  the  people  of  Kansas  were  earnestly  invoked  to  suspend 
unnatural  strife;  to  banish  all  extraneous  and  improper  influ 
ences  from  their  deliberations;  and  in  the  spirit  of  reason  and 
mutual  conciliation  to  adjust  their  own  differences.  Such 
suggestions  in  relation  to  modifications  of  the  present  statutes 
as  I  deemed  for  the  public  interests  were  promised  at  the 
proper  time.  It  was  declared  that  this  territory  was  the 
common  property  of  the  people  of  the  several  states,  and  that 
no  obstacle  should  be  interposed  to  its  free  settlement,  while 
in  a  territorial  condition,  by  the  citizens  of  every  state  of  the 
Union.  A  just  territorial  pride  was  sought  to  be  infused;  a 
pledge  was  solemnly  given  to  know  no  party,  no  section, 
nothing  but  Kansas  and  the  Union;  and  the  people  were 
earnestly  invoked  to  bury  the  past  in  oblivion,  to  suspend  hos 
tilities  and  refrain  from  the  indulgence  of  bitter  feeling ;  to 
begin  anew ;  to  devote  themselves  to  the  true  and  substantial 
interests  of  Kansas;  develope  her  rich  agricultural  resources; 
build  up  manufactures;  make  public  roads  and  other  works  of 
internal  improvement;  prepare  amply  for  the  education  of 
their  children;  devote  themselves  to  all  the  arts  of  peace,  and 
make  this  territory  the  sanctuary  of  those  cherished  principles 
which  protect  the  inalienable  rights  of  the  individual,  and 
elevate  states  in  their  sovereign  capacities. 

The  foregoing  is  a  brief  summary  of  the  principles  upon 
which  my  administration  was  commenced.     I  have  steadily 


313 

adhered  to  them,  and  time  and  trial  have  but  served  to  strengthen 
my  convictions  of  their  justice. 

Coincident  with  my  inaugural  were  issued  two  proclama 
tions,  the  one,  disbanding  the  territorial  militia,  composed  of 
a  mixed  force  of  citizens  and  others,  and  commanding  "  all 
bodies  of  men,  combined,  armed  and  equipped  with  munitions 
of  war,  without  authority  of  the  government,  instantly  to  dis 
band  or  quit  the  territory,  as  they  would  answer  the  contrary 
at  their  peril/7  The  other,  ordering  "  all  free  male  citizens 
qualified  to  bear  arms,  between  the  ages  of  eighteen  and  forty- 
five  years,  to  enrol  themselves,  that  they  might  be  completely 
organized  by  companies,  regiments,  brigades  and  divisions,  and 
hold  themselves  in  readiness  to  be  mustered,  by  my  order,  into 
the  service  of  the  United  States,  upon  a  requisition  of  the 
commander  of  the  military  department  in  which  Kansas  is 
embraced,  for  the  suppression  of  all  unlawful  combinations, 
and  for  the  maintenance  of  public  order  and  civil  government." 
The  policy  of  these  proclamations  is  so  evident,  and  theii 
beneficial  effects  have  been  so  apparent,  as  to  require  no  vindi 
cation. 

The  territory  was  declared  by  the  acting-governor  to  be  in  a 
state  of  insurrection ;  the  civil  authority  was  powerless, — 
entirely  without  capacity  to  vindicate  the  majesty  of  the  law 
and  restore  the  broken  peace;  the  existing  difficulties  were  of 
a  far  more  complicated  character  than  I  had  anticipated;  pre 
datory  bauds,  whose  sole  aim,  unrelieved  by  the  mitigation  of 
political  causes,  was  assassination,  arson,  plunder  and  rapine, 
had  undisturbed  possession  of  some  portions  of  the  territory, 
while  every  part  of  it  was  kept  in  constant  alarm  and  terror 
by  the  advocates  of  political  sentiments,  uniting  according  to 
their  respective  sympathies,  in  formidable  bodies  of  armed 
men,  completely  equipped  with  munitions  of  war,  and  resolved 
upon  mutual  extermination  as  the  only  hope  of  peace;  unof 
fending  and  peaceable  citizens  were  driven  from  their  homes; 
others  murdered  in  their  own  dwellings,  which  were  given  to 
the  flames;  that  sacred  respect  for  woman,  which  has  charac 
terized  all  civilized  nations,  seemed  in  the  hour  of  mad  excite 
ment  to  be  forgotten;  partisan  feeling,  on  all  sides,  intensely 
excited  by  a  question  which  inflamed  the  entire  nation,  almost 
closed  the  minds  of  the  people  against  me;  idle  and  menda 
cious  rumors,  well  calculated  to  produce  exasperation  and 
destroy  confidence,  were  everywhere  rife ;  the  most  unfortunate 
suspicions  prevailed;  in  isolated  country  places  no  man's  life 


314  HISTORY  OP  KANSAS. 

was  safe;  robberies  and  murders  were  of  daily  occurrence; 
nearly  every  farm-house  was  deserted;  and  no  traveller  could 
safely  venture  on  the  highway  without  an  escort.  This  state 
of  affairs  was  greatly  aggravated  by  the  interference  of  promi 
nent  politicians  outside  of  the  territory. 

The  foregoing  is  but  a  faint  outline  of  the  fearful  condition 
of  things  which  ruled  Kansas  and  convulsed  the  nation.  The 
full  picture  will  be  drawn  by  the  iron  pen  of  impartial  history, 
and  the  actors  in  the  various  scenes  will  be  assigned  their  true 
positions. 

I  came  here  a  stranger  to  your  difficulties,  without  preju 
dice,  with  a  solemn  sense  of  my  official  obligations,  and  with 
a  lofty  resolution  to  put  a  speedy  termination  to  events  so 
fraught  with  evil,  and  which,  if  unchecked,  would  have  floated 
the  country  into  the  most  bloody  civil  war. 

Hesitation,  or  partisan  affiliations,  would  have  resulted  in 
certain  failure,  and  only  served  further  to  complicate  affairs. 
To  restore  peace  and  order,  and  relieve  the  people  from  the 
evils  under  which  they  were  laboring,  it  was  necessary  that  an 
impartial,  independent  and  just  policy  should  be  adopted, 
which  would  embrace  in  its  protection  all  good  citizens,  with 
out  distinction  of  party,  and  sternly  punish  all  bad  men  who 
continued  to  disturb  the  public  tranquillity.  Accordingly  my 
inaugural  address  and  proclamations  were  immediately  circu 
lated  among  the  people,  in  order  that  they  might  have  early 
notice  of  my  intentions. 

On  the  fourteenth  day  of  September,  reliable  information 
was  received  that  a  large  body  of  armed  men  were  marching 
to  attack  Hickory  Point,  on  the  north  side  of  the  Kansas 
River.  I  immediately  dispatched  a  squadron  of  United  States 
dragoons,  with  instruction  to  capture  and  bring  to  this  place 
any  persons  whom  they  might  find  acting  in  violation  of  my 
proclamation.  In  pursuance  of  these  instructions  one  hun 
dred  and  one  prisoners  were  taken,  brought  here,  and  com 
mitted  for  trial. 

While  a  portion  of  the  army  was  performing  this  duty,  I 
was  advised  that  a  large  body  of  men  was  approaching  the 
town  of  Lawrence,  determined  upon  its  destruction.  I  at 
once  ordered  three  hundred  United  States  troops  to  that  place, 
and  repaired  there  in  person.  Within  four  miles  of  Law 
rence,  I  found  a  force  of  twenty-seven  hundred  men,  consist 
ing  of  citizens  of  this  territory  and  other  places,  organized  as 
territorial  militia,  under  a  proclamation  of  the  late  acting 


GOVERNOR  GEARY'S  MESSAGE.       315 

governor.  I  disbanded  this  force,  ordering  the  various  com 
panies  composing  it,  to  repair  to  their  respective  places  of  ren 
dezvous,  there  to  be  mustered  out  of  service.  My  orders 
were  obeyed ;  the  militia  retired  to  their  homes ;  the  effusion 
of  blood  was  prevented;  the  preservation  of  Lawrence  effected; 
and  a  great  step  made  towards  the  restoration  of  peace  and 
confidence. 

To  recount  my  various  official  acts,  following  each  other  in 
quick  succession  under  your  immediate  observation,  would  be 
a  work  of  supererogation,  and  would  occupy  more  space  than 
the  limits  of  an  executive  message  would  justify.  My  ex 
ecutive  minutes,  containing  a  truthful  history  of  my  official 
transactions,  with  the  policy  which  dictated  them,  have  been 
forwarded  to  the  general  government,  and  are  open  to  the 
inspection  of  the  country. 

In  relation  to  any  alterations  or  modifications  of  the  territo 
rial  statutes  which  I  might  deem  advisable,  I  promised  in  my 
inaugural  address  to  direct  public  attention  at  the  proper 
time.  In  the  progress  of  events,  that  time  has  arrived,  and 
you  are  the  tribunal  to  which  my  suggestions  must  be  submit 
ted.  On  this  subject  I  bespeak  your  candid  attention,  as  it 
has  an  inseparable  connection  with  the  prosperity  and  happi 
ness  of  the  people. 

It  has  already  been  remarked  that  the  territories  of  the 
United  States  are  the  common  property  of  the  citizens  of  the 
several  states.  It  may  be  likened  to  a  joint  ownership  in  an 
'.state,  and  no  condition  should  be  imposed  or  restrictions 
placed  upon  the  equal  enjoyment  of  the  benefits  arising  there 
from,  which  will  do  the  least  injustice  to  any  of  the  owners, 
or  which  is  not  contemplated  in  the  tenure  by  which  it  is  held, 
which  is  no  less  than  the  Constitution  of  the  United  States, 
the  sole  bond  of  the  American  Union.  This  being  the  tine 
position,  no  obstacle  should  be  interposed  to  the  free,  speedy 
and  general  settlement  of  this  territory. 

The  durability  and  imperative  authority  of  a  state  constitu 
tion,  when  the  interests  of  the  people  require  a  state  govern 
ment,  and  a  direct  popular  vote  is  necessary  to  give  it  sanction 
and  effect,  will  be  the  proper  occasion  once  for  all,  to  decide 
the  grave  political  questions  which  underlie  a  well  regulated 
commonwealth. 

Let  this,  then,  be  the  touch-stone  of  your  deliberations. 
Enact  no  law  which  will  not  clearly  bear  the  constitutional 
test ;  and  if  any  laws  have  been  passed  which  do  not  come  up 


31G  HISTORY  OF  KANSAS. 

to  this  standard,  it  is  your  solemn  duty  to  sweep  them  from 
the  statute-book. 

The  territorial  government  should  abstain  from  the  exercise 
of  authority  not  clearly  delegated  to  it,  and  should  permit  all 
doubtful  questions  to  remain  in  abeyance  until  the  formation 
of  a  state  constitution. 

On  the  delicate  and  exciting  question  of  slavery,  a  subject 
which  so  peculiarly  engaged  the  attention  of  Congress  at  the 
passage  of  our  Organic  Act,  I  cannot  too  earnestly  invoke  you 
to  permit  it  to  remain  where  the  Constitution  of  the  United 
States  and  that  act  place  it,  subject  to  the  decision  of  the 
courts  upon  all  points  arising  during  our  present  infant  con 
dition. 

The  repeal  of  the  Missouri  line,  which  was  a  restriction  on 
popular  sovereignty,  anew  consecrated  the  great  doctrine  of 
self-government,  and  restored  to  the  people  their  full  control 
over  every  question  of  interest  to  themselves,  both  north  and 
south  of  that  line. 

Justice  to  the  country  and  the  dictates  of  sound  policy  re 
quire  that  the  legislature  should  confine  itself  to  such  subjects 
as  will  preserve  the  basis  of  entire  equality;  and  when  a  suf 
ficient  population  is  here,  and  they  choose  to  adopt  a  state 
government,  that  they  shall  be  "  perfectly  free,"  without  let 
or  hindrance,  to  form  all  their  domestic  institutions  "  in  their 
own  way,"  and  to  dictate  that  form  of  government  which  in 
their  deliberate  judgment  may  be  deemed  proper. 

Any  attempt  to  incite  servile  insurrection  and  to  interfere 
with  the  domestic  institutions  of  sovereign  states,  is  extremely 
reprehensible,  and  shall  receive  no  countenance  from  me. 
Such  intervention  can  result  in  no  good,  but  is  pregnant  with 
untold  disasters.  Murder,  arson,  rapine  and  death  follow  in 
its  wake,  while  not  one  link  in  the  fetters  of  the  slave  is 
weakened  or  broken,  or  any  amelioration  in  his  condition 
secured.  Such  interference  is  a  direct  invasion  of  state  rights, 
only  calculated  to  produce  irritation  and  estrangement. 

Every  dictate  of  self-respect — every  consideration  of  state 
equality — the  glories  of  the  past  and  the  hopes  of  the  future — 
all,  with  soul-stirring  eloquence,  constrain  us  to  cultivate  a 
reverential  awe  for  the  constitution  as  the  sheet-anchor  of  our 
safety,  and  bid  us,  in  good  faith,  to  carry  out  all  its  provi 
sions. 

Many  of  the  statutes  are  excellent,  and  suited  to  our  wants 
and  condition,  but  in  order  that  they  may  receive  that  respect 


GOVERNOR  GEARY'S  MESSAGE.  317 

and  sanction  which  is  the  vital  principle  of  all  law,  let  such 
be  abolished  as  are  not  eminently  just  and  will  not  receive  the 
fullest  approbation  of  the  people.  I  trust  you  will  test  them 
all  by  the  light  of  the  general  and  fundamental  principles  of 
our  government,  and  that  all  that  will  not  bear  this  ordeal,  be 
revised,  amended  or  repealed.  To  some  of  them  which  strike 
my  mind  as  objectionable,  your  candid  and  special  attention  is 
respectfully  invited. 

By  carefully  comparing  the  Organic  Act,  as  printed  in  the 
statutes,  with  a  certified  copy  of  the  same  from  the  depart 
ment  of  state,  important  discrepancies,  omissions  and  addi 
tions  will  be  discovered.  I  therefore,  recommend  the  appoint 
ment  of  a  committee,  to  compare  the  printed  statutes  with  the 
original  rolls,  on  file  in  the  secretary's  office,  to  ascertain 
whether  the  same  liberty  has  been  taken  with  the  act  under 
which  they  were  made. 

Of  the  numerous  errors  discovered  by  me  in  the  copy  of 
the  Organic  Act  as  printed  in  the  statutes,  I  will  refer  to  one 
in  illustration  of  my  meaning.  In  the  29th  section,  defining 
the  executive  authority,  will  be  found  the  following  striking 
omission — "  against  the  laws  of  said  territory,  and  reprieves 
for  offences."  This  omission  impairs  the  executive  authority, 
and  deprives  the  governor  of  the  pardoning  power  for  offences 
committed  "  against  the  laws  of  the  territory,"  which  Con 
gress,  for  the  wisest  and  most  humane  reasons,  has  conferred 
upon  him. 

The  Organic  Act  requires  every  bill  to  be  presented  to  the 
governor,  and  demands  his  signature,  as  the  evidence  of  his 
approval,  before  it  can  become  a  law.  The  statutes  are  defec 
tive  in  this  respect,  as  they  do  not  contain  the  date  of  ap 
proval,  nor  the  proper  evidence  of  that  fact,  by  having  the 
governor's  signature. 

Your  attention  is  invited  to  chapter  30,  in  relation  to 
county  boundaries.  The  boundary  of  Douglas  county  is  im 
perfect,  and  in  connection  with  Shawnee  county,  is  an  absur 
dity  for  both  counties.  The  boundary  lines  of  all  the  counties 
should  be  absolutely  established. 

Chapter  44,  establishing  the  probate  court,  also  requires 
attention.  The  act  is  good  generally,  so  far  as  it  relates  to 
the  organization  and  duties  of  the  court.  But  all  provisions 
in  this  and  other  acts  vesting  the  appointment  of  probate 
judges,  county  commissioners,  and  other  public  officers,  in  the 
Legislative  Assembly,  should  at  once  be  repealed,  and  the  un 


318  HISTORY  OF  KANSAS. 

qualified  right  of  election  conferred  upon  the  people,  whose- 
interests  are  immediately  affected  by  the  acts  of  those  officials. 
The  free  and  unrestricted  right  of  the  people  to  select  all  theii 
own  agents,  is  a  maxim  so  well  settled  in  political  ethics,  and 
springs  so  legitimately  from  the  doctrines  of  self-government, 
that  1  need  only  allude  to  the  question  to  satisfy  every  one  of 
its  justice.  The  "people  must  be  perfectly  free"  to  regulate 
their  own  business  in  their  own  way  j  and  when  the  voice  of 
the  majority  is  fairly  expressed,  all  will  bow  to  it  as  the  voice 
of  God.  Let  the  people,  then,  rule  in  everything.  I  have  every 
confidence  in  the  virtue,  intelligence,  and  "  sober  thought"  of 
the  toiling  millions.  The  deliberate  popular  judgment  is 
never  wrong.  When,  in  times  of  excitement,  'the  popular 
mind  may  be  temporarily  obscured  from  the  dearth  of  correct 
information  or  the  mists  of  passion,  the  day  of  retribution  and 
justice  speedily  follows,  and  a  summary  reversal  is  the  certain 
result.  Just  and  patriotic  sentiment  is  a  sure  reliance  for 
every  honest  public  servant.  The  sovereignty  of  the  people 
must  be  maintained. 

Section  15th  of  this  act  allows  writs  of  habeas  corpus  to  be 
issued  by  the  probate  judge,  but  leaves  him  no  authority  to 
hear  the  case  and  grant  justice;  but  refers  the  matter  to  the 
f(  next  term  of  the  district  court."  The  several  terms  of  the 
district  court  are  at  stated  periods,  and  the  provision  alluded 
to  amounts  to  a  denial  of  justice  and  a  virtual  suspension  of 
"  the  great  writ  of  liberty,"  contrary  to  the  letter  and  spirit 
of  the  Constitution  of  the  United  States. 

Many  provisions  of  chapter  66,  entitled  "  elections,"  are 
objectionable.  Section  llth,  requiring  certain  "  test  oaths" 
as  pre-requisites  to  the  right  of  suffrage,  is  wrong,  unfair,  and 
unequal  upon  citizens  of  different  sections  of  the  Union.  It 
is  exceedingly  invidious  to  require  obedience  to  any  special 
enactment.  The  peculiar  features  of  these  test  oaths  should 
be  abolished,  and  all  citizens  presumed  to  be  law-abiding  and 
patriotic  until  the  contrary  clearly  appears.  Sworn  obedience 
to  particular  statutes  has  seldom  secured  that  object.  Justice 
will  ever  commend  itself  to  the  support  of  all  honest  men,  and 
the  surest  means  of  insuring  the  ready  execution  of  law,  is  to 
make  it  so  pre-eminently  just,  equal  and  impartial  as  to  com 
mand  the  respect  of  those  whom  it  is  intended  to  affect. 

Section  36th  deprives  electors  of  the  great  safeguard  of  the 
purity  and  independence  of  the  elective  franchise :  I  mean 
the  right  to  vote  by  ballot ;  and  after  the  first  day  of  Novem- 


GOVERNOR  GEARY'S  MESSAGE.  319 

ber,  1856,  requires  all  voting  to  be  viva  voce.  This  provision 
taken  in  connection  with  section  9th,  which  provides  that  "  if 
all  the  votes  offered  cannot  be  taken  before  the  hour  appointed 
for  closing  the  polls,  the  judges  shall,  by  public  proclamation, 
adjourn  such  election  until  the  following  day,  when  the  polls 
shall  a^ain  be  opened,  and  the  election  continued  as  before," 
&c.,  offers  great  room  for  fraud  and  corruption.  Voting  viva 
voce,  the  condition  of  the  poll  can  be  ascertained  at  any  mo 
ment.  If  the  parties  having  the  election  officers  are  likely  to 
be  defeated,  they  have  the  option  of  adjourning  for  the  pur 
pose  of  drumming  up  votes ;  or  in  the  insane  desire  for  vic 
tory,  may  be  tempted  to  resort  to  other  means  even  more 
reprehensible.  The  right  of  voting  by  ballot  is  now  in 
corporated  into  the  constitutions  of  nearly  all  the  states,  and 
is  classed  with  the  privileges  deemed  sacred.  The  arguments 
in  its  favor  are  so  numerous  and  overwhelming  that  I  have  no 
hesitation  in  recommending  its  adoption.  The  election  law 
should  be  carefully  examined,  and  such  guards  thrown  around 
it  as  will  most  effectually  secure  the  sanctity  of  the  ballot- 
box  and  preserve  it  from  the  taint  of  a  single  illegal  vote. 
The  man  who  will  deliberately  tamper  with  the  elective  fran 
chise  and  dare  to  offer  an  illegal  vote,  strikes  at  the  foundation 
of  justice,  undermines  the  pillars  of  society,  applies  the  torch 
to  the  temple  of  our  liberties,  and  should  receive  severe  pun 
ishment.  As  a  qualification  for  voting,  a  definite  period  of 
actual  inhabitancy  in  the  territory,  to  the  exclusion  of  a  home 
elsewhere,  should  be  rigidly  prescribed.  No  man  should  be 
permitted  to  vote  upon  a  floating  residence.  He  should  have 
resided  within  the  territory  for  a  period  of  not  less  than  ninety 
days,  and  in  the  district  where  he  offers  to  vote,  at  least  ten 
days  immediately  preceding  such  election.  All  the  voters 
should  be  registered  and  published  for  a  certain  time  previous 
to  the  election.  False  voting  should  be  severely  punished, 
and  false  swearing  to  receive  a  vote  visited  with  the  pains  and 
penalties  of  perjury. 

In  this  connection  your  attention  is  also  invited  to  chapter 
92,  entitled  "jurors."  This  chapter  leaves  the  selection  of 
jurors  to  the  absolute  discretion  of  the  marshal,  sheriff,  or 
constable,  as  the  case  may  be,  and  affords  great  room  for  par 
tiality  'and  corruption.  The  names  of  all  properly  qualified 
citizens,  without  party  distinction,  should  be  thrown  into  a 
wheel  or  box,  and  at  stated  periods,  under  the  order  of  the 
courts,  jurors  should  be  publicly  drawn  by  responsible  persons. 


320  HISTORY  OF  KANSAS. 

Too  many  safeguards  cannot  bo  thrown  around  the  right  of 
trial  by  jury,  in  order  that  it  may  still  continue  to  occupy  that 
cherished  place  in  the  affections  of  the  people  so  essential  to 
its  preservation  and  sanctity. 

Some  portions  of  chapter  110,  "militia,"  infringes  the  ex 
ecutive  prerogative,  impairs  the  governor's  usefulness,  and 
clearly  conflicts  with  the  organic  act.  This  act  requires  the 
executive  to  reside  in  the  territory,  and  makes  him  "  com- 
mander-in-chief  of  the  militia."  This  power  must  be  vested 
some  place,  and  is  always  conferred  upon  the  chief  magistrate. 
Section  26  virtually  confers  this  almost  -sovereign  prerogative 
"  upon  any  commissioned  officer,"  and  permits  him,  "whenever 
and  as  often  as  any  invasion  or  danger  may  come  to  his  knowl 
edge,  to  order  out  the  militia  or  volunteer  corps,  or  any  part 
thereof,  under  his  command,  for  the  defence  of  the  territory," 
£c. ;  thus  almost  giving  "  any  commissioned  officer"  whatever, 
at  his  option,  the  power  to  involve  the  territory  in  war. 

Section  12th  provides  for  a  general  militia  training  on  the 
first  Monday  of  October,  the  day  fixed  for  the  general  election. 
This  is  wrong,  and  is  well  calculated  to  incite  to  terrorism. 
The  silent  ballots  of  the  people,  uuawod  by  military  display, 
should  quietly  and  definitely  determine  all  questions  of  public 
interest. 

The  other  sections  of  the  law,  requiring  the  appointment 
of  field  and  commissioned  officers,  should  be  repealed.  All 
officers  should  derive  their  authority  directly  from  their  re 
spective  commands,  by  election.  To  make  the  military  system 
complete  and  effective,  there  must  be  entire  subordination  and 
unity  running  from  the  comniander-in-chief  to  the  humblest 
soldier,  and  one  spirit  must  animate  the  entire  system. 

The  122d  chapter,  in  relation  to  "  patrols,"  is  unnecessary. 
It  renders  all  other  property  liable  to  heavy  taxation  for  the 
protection  of  slave  property ;  thus  operating  unequally  upon 
citizens,  and  is  liable  to  the  odious  charge  of  being  a  system 
of  espionage,  as  it  authorizes  the  patrols,  an  indefinite  number 
of  whom  may  be  appointed,  to  visit  not  only  negro  quarters, 
but  "  any  other  places"  suspected  of  unlawful  assemblages  of 
slaves. 

Chapter  131,  "pre-emption,"  squanders  the  school  fund,  by 
appropriating  the  school  sections  contrary  to  the  organic  act, 
which  provides  "  that  sections  numbered  sixteen  and  thirty- 
six,  in  each  township  in  Kansas  Territory,  shall  be,  and  the  same 
are  hereby  reserved  for  the  purpose  of  being  applied  to  schools  in 


GOVERNOR  GEARY'S  MESSAGE.  321 

said  territory,  and  in  the  states  and  territories  to  be  erected  out 
of  the  same;"  contravenes  the  United  States  pre-emption  laws, 
which  forbid  trafficking  in  claims,  and  holding  more  than  one 
claim ;  and  directs  the  governor  to  grant  patents  for  lauds  be 
longing  to  the  United  States,  and  only  conditionally  granted 
to  the  territory.  This  act  is  directly  calculated  to  destroy  the 
effect  of  a  munificent  grant  of  land  by  Congress  for  educa 
tional  purposes.  The  territory  is  the  trustee  of  this  valuable 
gift,  and  posterity  has  a  right  to  demand  of  us  that  this  sacred 
trust  shall  remain  unimpaired,  in  order  that  the  blessings  of 
free  education  may  be  shed  upon  our  children. 

Every  state  should  have  the  best  educational  system  which 
an  intelligent  government  can  provide.  The  physical,  moral 
and  mental  faculties  should  be  cultivated  in  harmonious  unison, 
and  that  system  of  education  is  the  best  which  will  effect  these 
objects.  Congress  has  already  provided  for  the  support  of 
common  schools.  In  addition  to  this,  I  would  recommend  the 
Legislature  to  ask  Congress  to  donate  land  lying  in  this  terri 
tory  for  the  establishment  of  a  university,  embracing  a  normal, 
agricultural  and  mechanical  school.  A  university,  thus  en 
dowed,  would  be  a  blessing  to  our  people;  disseminate  useful 
and  scientific  intelligence;  provide  competent  teachers  for  our 
primary  schools;  and  furnish  a  complete  system  of  education 
adequate  to  our  wants  in  all  the  departments  of  life. 

The  subject  of  roads,  bridges  and  highways,  merits  your 
especial  attention.  Nothing  adds  more  to  comfort,  conve 
nience,  prosperity  and  happiness,  and  more  greatly  promotes 
social  intercourse  and  kind  feeling,  than  easy  and  convenient 
inter-communication.  Roads  should  be  wide  and  straight, 
and  the  various  rivers  and  ravines  substantially  bridged. 

Railroads  should  be  encouraged;  and  in  granting  charters, 
the  Legislature  should  have  in  view  the  interests  of  the  whole 
people. — The  prosperity  of  the  territory  is  intimately  connected 
with  the  early  and  general  construction  of  the  rapid  and  satis 
factory  means  of  transit. 

While  on  the  subject  of  internal  improvement,  I  would  call 
to  your  notice  and  solicit  for  it  your  serious  consideration,  the 
opening,  at  the  earliest  period,  of  a  more  easy  means  of  com 
munication  with  the  sea-board  than  any  we  at  present  enjoy. 
One  great  obstacle  to  our  prosperity  is  the  immense  distance 
we  occupy  from  all  the  great  maritime  depots  of  the  country 
by  any  of  the  routes  now  travelled.  This  can  be  removed  by 
the  construction  of  a  railway,  commencing  at  an  appropriate 


322  HISTORY  OF  KANSAS. 

place  in  this  territory,  and  running  southwardly  through  the 
Indian  Territory  and  Texas,  to  the  most  eligible  point  on  the 
Gulf  of  Mexico.  The  entire  length  of  such  a  road  would 
not  exceed  six  hundred  miles,  much  less  than  half  the  dis 
tance  to  the  Atlantic,  and  at  an  ordinary  speed  of  railroad 
travel  could  be  traversed  in  less  than  twenty-four  hours.  It 
would  pass  through  a  country  remarkable  for  beauty  of  scenery, 
fertility  of  soil,  and  salubrity  of  climate,  and  which  has  pro 
perly  been  styled  "  the  Eden  of  the  world ;"  and  would  open 
up  new  sources  of  wealth  superior  to  any  that  have  yet  been 
discovered  on  the  eastern  division  of  the  continent.  It  would 
place  Kansas,  isolated  as  she  now  is,  in  as  favorable  a  position 
for  commercial  enterprises  as  very  many  of  the  most  populous 
states  in  the  Union,  and  furnish  her  a  sure,  easy,  and  profit 
able  market  for  her  products,  as  well  as  a  safe,  expeditious 
and  economical  means  of  obtaining  all  her  needed  supplies  at 
every  season  of  the  year.  You  will  not  fail  at  once  to  perceive 
the  importance  of  this  suggestion.  Not  only  Kansas  and  Ne 
braska,  but  the  entire  country  west  of  the  Mississippi,  will  be 
vastly  benefited  by  its  adoption.  The  advantages  to  Texas 
would  be  incalculable.  And  should  you  be  favorably  impressed 
with  the  feasibility  of  the  plan,  I  would  advise  that  you  com 
municate,  in  your  legislative  capacity,  with  the  legislature  of 
that  state,  and  that  also  of  the  territory  of  Nebraska,  in  re 
gard  to  the  most  effectual  measures  for  its  speedy  accomplish 
ment. 

Chapter  149,  permitting  settlers  to  hold  three  hundred  and 
twenty  acres  of  land,  is  in  violation  of  the  pre-emption  laws, 
and  leads  to  contention  and  litigation. 

Chapter  151,  relating  to  "slaves,"  attacks  the  equality 
which  underlies  the  theory  of  our  territorial  government;  and 
destroys  the  freedom  of  speech,  and  the  privileges  of  public 
discussion,  so  essential  to  uncloak  error,  and  enable  the  people 
properly  to  mould  their  institutions  in  their  own  way.  The 
freedom  of  speech  and  the  press,  and  the  right  of  public  dis 
cussion  upon  all  matters  affecting  the  interests  of  the  people, 
are  the  great  constitutional  safeguards  of  popular  rights, 
liberty  and  happiness. 

The  act  in  relation  to  a  territorial  library,  makes  the  auditor 
ex-officio  librarian,  and  gives  him  authority  to  audit  his  own 
accounts.  These  offices  should  be  distinct,  as  their  duties 
conflict. 

The  congressional  appropriation  for  a  territorial  library  has 


GOVERNOR  GEARY'S  MESSAGE.  323 

boon  expended  in  the  purchase  of  a  very  valuable  collection 
of  books. 

Time  and  space  will  not  permit  me  to  point  out  all  the  in 
consistencies  and  incongruities  found  in  the  Kansas  statutes. 
Passed,  as  they  were,  under  the  influence  of  excitement,  and 
in  too  brief  a  period  to  secure  mature  deliberation,  many  of 
them  are  open  to  criticism  and  censure,  and  should  pass  under 
your  careful  revision,  with  a  view  to  modification  or  repeal. 
Some  which  have  been  most  loudly  complained  of  have  never 
been  enforced.  It  is  a  bad  principle  to  suffer  dead-letter  laws 
to  deface  the  statute-book.  It  impairs  salutary  reverence  for 
1-iw,  and  excites  in  the  popular  mind  a  questioning  of  all  law, 
which  leads  to  anarchy  and  confusion.  The  best  way  is  to 
lo.ave  no  law  on  the  statute-book  which  is  not  uniformly  and 
promptly  to  be  administered  with  the  authority  and  power  of 
the  government. 

In  travelling  through  the  territory,  I  have  discovered  great 
anxiety  in  relation  to  the  damages  sustained  during  the  past 
civil  disturbances,  and  everywhere  the  question  has  been  asked 
as  to  whom  they  should  look  for  indemnity.  These  injuries, 
— burning  houses,  plundering  fields,  and  stealing  horses  and 
other  property,  have  been  a  fruitful  source  of  irritation  and 
trouble,  and  have  impoverished  many  good  citizens.  They 
cannot  be  considered  as  springing  from  purely  local  causes, 
and  as  such,  the  subjects  of  territorial  redress.  Their  exciting 
cause  has  been  outside  of  this  territory,  and  the  agents  in  their 
perpetration  have  been  the  citizens  of  nearly  every  state  in  the 
Union.  It  has  been  a  species  of  national  warfare  waged  upon 
the  soil  of  Kansas :  and  it  should  not  be  forgotten  that  both 
parties  wore  composed  of  men  rushing  here  from  various 
sections  of  the  Union;  that  both  committed  acts  which  no  law 
can  justify;  and  the  peaceable  citizens  of  Kansas  have  been 
the  victims.  In  adjusting  the  question  of  damages,  it  appears 
proper  thut  a  broad  and  comprehensive  view  of  the  subject 
should  be  taken;  and  I  have  accordingly  suggested  to  the 
general  government  the  propriety  of  recommending  to  Con- 
press  the  passage  of  an  act  providing  for  the  appointment  of  a 
commissioner,  to  take  testimony  and  report  tc  Congress  for 
final  action,  at  as  early  a  day  as  possible. 

There  is  not  a  single  officer  in  the  territory  amenable  to  the 
people  or  to  the  governor;  all  having  been  appointed  by  the 
Legislature,  and  holding  their  offices  until  1857.  This  system 


324  HISTORY  OF  KANSAS. 

of  depriving  the  people  of  the  just  exercise  of  their  rights, 
cannot  be  too  strongly  condemned. 

A  faithful  performance  of  duty  should  be  exacted  from  all 
public  officers. 

As  the  executive,  I  desire  that  the  most  cordial  relations 
may  exist  between  myself  and  all  other  departments  of  the 
government. 

Homesteads  should  be  held  sacred.  Nothing  so  much 
strengthens  a  government  as  giving  its  citizens  a  solid  stake 
in  the  country.  I  am  in  favor  of  assuring  to  every  industrious 
citizen  one  hundred  and  sixty  acres  of  land. 

The  money  appropriated  by  Congress  for  the  erection  of  our 
capitol  has  been  nearly  expended.  I  have  asked  for  an  addi 
tional  appropriation  of  fifty  thousand  dollars,  which  will 
scarcely  be  sufficient  to  complete  the  building  upon  the  plan 
adopted  by  the  architect. 

Where  crime  has  been  so  abundant,  the  necessity  for  a  ter 
ritorial  penitentiary  is  too  evident  to  require  elaboration,  and 
I  have  therefore  suggested  a  congressional  appropriation  for 
this  purpose. 

The  Kansas  River,  the  natural  channel  to  the  west;  which 
runs  through  a  valley  of  unparalleled  fertility,  can  be  made 
navigable  as  far  as  Fort  Riley,  a  distance  of  over  one  hundred 
miles,  and  Congress  should  be  petitioned  for  aid  to  accomplish 
this  laudable  purpose.  Fort  Riley  has  been  built,  at  an  ex 
pense  exceeding  five  hundred  thousand  dollars,  with  the  ex 
pectation  that  the  river  was  navigable  to  that  place,  and  doubt 
less  the  general  government  will  readily  unite  with  this  terri 
tory  to  secure  this  object. 

A  geological  survey,  developing  the  great  mineral  resources 
of  this  territory,  is  so  necessary  as  merely  to  require  notice. 
Provision  for  this  useful  work  should  immediately  be  made. 

The  early  disposal  of  the  public  lands  and  their  settlement, 
will  materially  advance  our  substantial  prosperity.  Great  anx 
iety  prevails  among  the  settlers  to  secure  titles  to  their  lands. 
The  facilities  for  this  purpose,  by  but  one  land-office  in  the 
territory,  arc  inadequate  to  the  public  wants,  and  I  have  con 
sequently  recommended  the  establishment  of  two  or  more 
additional  land-offices,  in  such  positions  as  will  best  accommo 
date  the  people. 

After  mature  consideration,  and  from  a  thorough  conviction 
$f  its  propriety,  I  have  suggested  large  congressional  appropri 
ations.  The  coming  immigration,  attracted  by  our  unrivalled 


GOVERNOR  GEARY'S  MESSAGE.  325 

Boil  and  climate,  will  speedily  furnish  the  requisite  population 
to  make  a  sovereign  state.  Other  territories  have  been  for 
years  the  recipients  of  congressional  bounty,  and  a  similar 
amount  of  money  and  laud  bestowed  upon  them  during  a 
long  period,  should  at  once  be  given  to  Kansas,  as,  like  the 
Eureka  state,  she  will  spring  into  full  life,  and  the  prosperity 
of  the  territory,  and  the  welfare  and  protection  of  the  people 
corning  here  from  every  state  of  the  Union,  to  test  aneAV  the 
experiment  of  republican  government,  require  ample  and  mu~ 
nificent  appropriations. 

As  citizens  of  a  territory,  we  are  peculiarly  and  immedi 
ately  under  the  protecting  influence  of  the  Union,  and,  like 
the  inhabitants  of  the  states  comprising  it,  feel  a  lively  inter 
est  in  all  that  concerns  its  welfare  and  prosperity.  Within 
the  last  few  years  sundry  conflicting  questions  have  been  agi 
tated  throughout  the  country,  and  discussed  in  a  spirit  calcu 
lated  to  impair  confidence  in  its  strength  and  perpetuity,  and 
furnish  abundant  cause  for  apprehension  and  alarm.  These 
questions  have  mostly  been  of  a  local  or  sectional  character, 
and  as  such  should  never  have  acquired  general  significance 
or  importance.  All  American  citizens  should  divest  them 
selves  of  selfish  considerations  in  relation  to  public  affairs,  and 
in  the  spirit  of  patriotism  make  dispassionate  inquisition  into 
the  causes  which  have  produced  much  alienation  and  bitter 
ness  among  men  whom  the  highest  considerations  require 
should  be  united  in  the  bonds  of  fraternal  fellowship.  All 
Union-loving  men  should  unite  upon  a  platform  of  reason, 
equality  and  patriotism.  All  sectionalism  should  be  annihi 
lated.  All  sections  of  the  Union  should  be  harmonized  under 
a  national,  conservative  government,  as  during  the  early  days 
of  the  republic.  The  value  of  the  Union  is  beyond  computa 
tion,  and  no  respect  is  due  to  those  who  will  even  dare  to  cal 
culate  its  value.  One  of  our  ablest  statesmen  has  wisely  and 
eloquently  said,  "  Who  shall  assign  limits  to  the  achievements 
of  free  minds  and  free  hands  under  the  protection  of  this  glo 
rious  Union  ?  No  treason  to  mankind  since  the  organization 
of  society  would  be  equal  in  atrocity  to  that  of  him  who  would 
lift  his  hand  to  destroy  it.  He  would  overthrow  the  noblest 
structure  of  human  wisdom,  which  protects  himself  and  his  fel 
low  man.  He  would  stop  the  progress  of  free  government,  and 
involve  his  country  either  in  anarchy  or  despotism.  He  would 
extinguish  the  fire  of  liberty  which  warms  and  animates  tho 
28 


326  HISTORY  OF  KANSAS. 

hearts  of  happy  millions,  and  invites  all  the  nations  of  the 
earth  to  imitate  our  example." 

That  soldier-president,  whose  exploits  in  the  field  were  only 
equalled  by  his  wisdom  in  the  cabinet,  with  that  singular  sa 
gacity  which  has  stamped  with  the  seal  of  prophecy  all  his 
ibreshadowiugs,  has  repudiated,  as  morbid  and  unwise,  that 
philanthropy  which  looks  to  the  amalgamation  of  the  American 
with  any  inferior  race.  The  white  man,  with  his  intellectual 
energy,  far-reaching  science,  and  indomitable  perseverance, 
is  the  pecular  object  of  my  sympathy,  and  should  receive  fhe 
especial  protection  and  support  of  government.  In  this  ter 
ritory  there  are  numerous  "  Indian  reserves,"  of  magnificent 
extent  and  choice  fertility,  capable  of  sustaining  a  dense  civil 
ized  population,  now  held  unimproved  by  numerous  Indian 
tribes.  These  tribes  are  governed  by  Indian  agents,  entirely 
independent  of  the  executive  of  this  territory,  and  are,  indeed, 
governments  within  a  government.  Frequent  aggression  upon 
these  reserves  are  occurring,  which  have  produced  collisions 
between  the  Indian  agents  and  the  settlers,  who  appeal  to  me 
for  protection.  Seeing  so  much  land  unoccupied  and  unim 
proved,  these  enterprising  pioneers  naturally  question  the  pol 
icy  which  excludes  them  from  soil  devoted  to  no  useful  or 
legitimate  purpose.  Impressed  with  the  conviction  that  the 
large  Indian  reserves,  if  permitted  to  remain  in  their  present 
condition,  cannot  fail  to  exercise  a  blighting  influence  on  the 
prosperity  of  Kansas,  and  result  in  great  injury  to  the  Indians 
themselves,  I  shall  be  pleased  to  unite  with  the  legislature 
in  any  measures  deemed  advisable,  looking  to  the  speedy  ex 
tinguishment  of  the  Indian  title  to  all  surplus  land  lying  in 
this  territory,  so  as  to  throw  it  open  for  settlement  and  im 
provement. 

For  official  action,  I  know  no  better  rule  than  a  conscientious 
conviction  of  duty — none  more  variable  than  the  vain  attempt 
to  conciliate  temporary  prejudice.  Principles  and  justice  are 
eternal,  and  if  tampered  with,  sooner  or  later  the  sure  and  in 
dignant  verdict  of  popular  condemnation  against  those  who 
are  untrue  to  their  leadings,  will  be  rendered.  Let  us  not  be 
false  to  our  country,  our  duty,  and  our  constituents.  The  tri 
umph  of  truth  and  principle,  not  of  partisan  and  selfish 
objects,  should  be  our  steady  purpose — the  general  welfare, 
and  not  the  interests  of  the  few,  our  sole  aim.  Let  the  past, 
which  few  men  can  review  with  satisfaction,  be  forgotten. 
Let  us  not  deal  in  criminations  and  recriminations ;  but,  as 


GOVERNOR  GEARY'S  MESSAGE.  327 

far  as  possible,  let  us  make  restitution  and  offer  regrets  for 
past  excesses.  The  dead,  whom  the  madness  of  partisan  fury 
has  consigned  to  premature  graves,  cannot  be  recalled  to  life ; 
the  insults,  the  outrages,  the  robberies  and  murders,  "  enough 
to  stir  a  fever  in  the  blood  of  age,"  in  this  world  of  imperfec 
tion  and  guilt,  can  never  be  fully  atoned  for  or  justly  punished. 
The  innocent  blood,  however,  shall  not  cry  iu  vain  for  redress, 
as  we  are  promised  by  the  great  Executive  of  the  Universe, 
whose  power  is  almighty  and  whose  knowledge  is  perfect,  that 
he  "  will  repay." 

"  To  fight  in  a  just  cause  and  for  our  country's  glory,  is  the 
best  office  of  the  best  of  men."  Let  "justice  be  the  laurel" 
which  crowns  your  deliberations  ;  let  your  aims  be  purely  pat 
riotic,  and  your  sole  purpose  the  general  welfare  and  the  sub 
stantial  interests  of  the  whole  people.  If  we  fix  our  steady 
gaze  upon  the  Constitution  and  the  Organic  Act  as  "  the  cloud 
by  day  and  the  pillar  of  fire  by  night,"  our  footsteps  will  never 
wander  into  any  unknown  or  forbidden  paths.  Then  will 
this  Legislative  Assembly  be  as  a  beacon  light,  placed  high  in 
the  pages  of  our  history,  shedding  its  luminous  and  benign 
influence  to  the  most  remote  generations ;  its  members  will  be 
remembered  with  veneration  and  respect  as  among  the  early 
fathers  of  the  magnificent  commonwealth,  which,  in  the  not  dis 
tant  future,  will  overshadow  with  its  protection,  a  population 
of  freemen  unsurpassed  by  any  state  in  this  beloved  Union  for 
intelligence,  wealth,  religion,  and  all  the  elements  which  make 
and  insure  the  true  greatness  of  a  nation  ;  the  present  citizens 
of  Kansas  will  rejoice  in  the  benefits  conferred  ;  the  mourning 
and  gloom,  which  too  long,  like  a  pall,  have  covered  the  people, 
will  be  dispersed  by  the  sunshine  of  joy  with  which  they  will 
hail  the  advent  of  peace  founded  upon  justice;  we  will  enter 
upon  a  career  of  unprecedented  prosperity;  good  feeling  and 
confidence  will  prevail ;  the  just  rule  of  action  which  you  are 
about  to  establish,  will  be  recognised ;  the  entire  country,  now 
watching  your  deliberations  with  momentous  interest,  will 
award  you  their  enthusiastic  applause;  and  above  and  over 
all,  you  will  have  the  sanction  of  your  own  consciences,  enjoy 
self-respect,  and  meet  with  divine  approbation,  without  which 
all  human  praise  is  worthless  and  unavailing. 

JNO.  W.  GEARY. 

Lecompton,  K.  T.,  Jan.  12,  1857. 


328  HISTORY  OF  KANSAS 


INAUGURAL  ADDRESS  OF   ROBERT  J.  WALKER, 
GOVERNOR  OF  KANSAS  TERRITORY. 

Delivered  in  Lecompton,  Kansas   Territory,  May  27,  1857. 

FELLOW-CITIZENS  OF  KANSAS  : — At  the  earnest  request  of 

ithe  President  of  the  United  States,  I  have  accepted  the  posi 
tion  of  governor  of  the  territory  of  Kansas.  The  president, 
with  the  cordial  concurrence  of  all  his  cabinet,  expressed  to 
me  the  conviction  that  the  condition  of  Kansas  was  fraught 
with  imminent  peril  to  the  Union,  and  asked  me  to  undertake 
!  the  settlement  of  that  momentous  question,  which  has  intro 
duced  discord  and  civil  war  throughout  your  borders,  and 
threatens  to  involve  you  and  our  country  in  the  same  common 
ruin.  This  was  a  duty  thus  presented,  the  performance  of 
which  I  could  not  decline  consistently  with  my  view  of  the 
sacred  obligation  which  every  citizen  owes  to  his  country. 

The  mode  of  adjustment  is  provided  in  the  act  organizing 
your  territory — namely,  by  the  people  of  Kansas,  who,  by  a 
majority  of  their  own  votes,  must  decide  this  question  for 
themselves  in  forming  their  state  constitution. 
r">"r"Under  our  practice  the  preliminary  act  of  framing  a  state 
I  constitution  is  uniformly  performed  through  the  instrumental 
ity  of  a  convention  of  delegates  chosen  by  the  people  them- 
selves.  That  convention  is  now  about  to  be  elected  by  you 
ander  the  call  of  the  territorial  legislature,  created  and  still 
recogbised  by  the  authority  of  Congress,  and  clothed  by  it,  in 
the  comprehensive  language  of  the  Organic  Law,  with  full 
power  to  make  such  an  enactment.  The  territorial  legislature^ 
then,  in  assembling  this  convention,  were  fully  sustained  by 
the  act  of  Congress,  and  the  authority  of  the  convention  is 
distinctly  recognised  in  my  instructions  from  the  President  of 
the  United  States.  Those  who  oppose  this  course  cannot  aver 
the  alleged  irregularity  of  the  territorial  legislature,  whose 
laws  in  town  and  city  elections,  in  corporate  franchises,  and 
on  all  other  subjects  but  slavery,  they  acknowledge,  by  tln-ir 
votes  and  acquiescence.  If  that  legislature  was  invalid,  tlu-n 
are  we  without  law  or  order  in  Kansas,  without  town,  city,  or 
county  organization;  all  legal  and  judicial  transactions  are 


GOVERNOR  WALKER'S  INAUGURAL  ADDRESS.        329 

void,  all  titles  null,  and  anarchy  reigns  throughout  our  bor 
ders 

It  is  my  duty,  in  seeing  that  all  constitutional  laws  are  fairly 
executed,  to  take  care,  as  far  as  practicable,  that  this  elec 
tion  of  delegates  to  the  convention  shall  be  free  from  fraud 
or  violence,  and  that  they  shall  be  protected  in  their  delibe 
rations. 

The  people  of  Kansas,  then,  are  invited  by  the  highest  au 
thority  known  to  the  constitution  to  participate  freely  and 
fairly  in  the  election  of  delegates  to  frame  a  constitution  and 
state  government.  The  law  has  performed  its  entire  appropri 
ate  function  when  it  extends  to  the  people  the  right  of  suf 
frage,  but  it  cannot  compel  the  performance  of  that  duty. 
Throughout  our  whole  union,  however,  and  wherever  free 
government  prevails,  those  who  abstain  from  the  exercise  of 
the  right  of  suffrage  authorize  those  who  do  vote  to  act  for 
them  in  that  contingency,  and  the  absentees  are  as  much 
-bound  under  the  law  and  constitution,  where  there  is  no  fraud 
or  violence,  by  the  act  of  the  majority  of  those  who  do  vote, 
as  although  all  had  participated  in  the  election.  Otherwise, 
as  voting  must  be  voluntary,  self-government  would  be  im 
practicable,  and  monarchy  or  despotism  would  remain  as  the 
only  alternative. 

You  should  not  console  yourselves,  my  fellow-citizens,  with 
the  reflection  that  you  may,  by  a  subsequent  vote,  defeat  the 
ratification  of  the  constitution.  Although  most  anxious  to 
secure  to  you  the  exercise  of  that  great  constitutional  right, 
and  believing  that  the  convention  is  the  servant,  and  not  the 
master  of  the  people,  yet  I  have  no  power  to  dictate  the  pro 
ceedings  of  that  body.  I  cannot  doubt,  however,  the  course 
they  will  adopt  on  this  subject.  But  why  incur  the  hazard 
of  the  preliminary  formation  of  a  constitution  by  a  minority, 
as  alleged  by  you,  when  a  majority,  by  their  own  votes,  could 
control  the  forming  of  that  instrument? 

But  it  is  said  that  the  convention  is  not  legally  called,  and 
that  the  election  will  not  be  freely  and  fairly  conducted.  The 
territorial  legislature  is  the  power  ordained  for  this  purpose  by 
the  Congress  of  the  United  States ;  and  in  opposing  it  you 
resist  the  authority  of  the  federal  government.  That  legisla 
ture  was  called  into  being  by  the  Congress  of  1854,  and  is 
recognised  in  the  very  latest  congressional  legislation.  It  is 
recognised  by  the  present  Chief  Magistrate  of  the  Union,  just 
chosen  by  the  American  people,  and  many  of  its  acts  are  now 
28* 


830  HISTORY  OF  KANSAS. 

in  operation  here  by  universal  assent.  As  the  governor  of  the 
territory  of  Kansas,  I  must  support  the  laws  and  the  consti 
tution ;  and  I  have  no  other  alternative  under  ray  oath  but 
to  see  that  all  constitutional  laws  are  fully  and  fairly  executed. 

J/seelVi  this  act,  calling  the  convention,  no  improper  or  un. 
constitutional  restrictions  upon  the  right  of  suffrage.     I  sea 
in  it  no  test-oath  or  other  similar  provisions  objected  to  in  re 
lation  to  previous  laws,  but  clearly  repealed  as  repugnant  to 
the   provisions  of  this  act,  so  far  as  regards  the  election  of 
delegates   to  this   convention.     It  is  said  that  a  fair  and  full 
vote  will  not  be  taken.     Who  can  safely  predict  such  a  result? 
Nor  is  it  just  for  a  majority,  as  they  allege,  to  throw  the  power 
into  the  hands  of  a  minority,  from  a  mere  apprehension — I 
trust  entirely  unfounded — that  they  will  not  be  permitted  to 
I'exercise   the   right  of  suffrage.     If,  by  fraud   or   violence,  a 
/  j Majority  should  not  be  permitted  to  vote,  there  is  a  remedy, 
*  it  is  hoped,  in  the  wisdom  and  justice  of  the  convention  itself, 
acting  under  the  obligations  of  an  oath,  and  a  proper  respon 
sibility  to  the  tribunal  of  public  opinion.     There  is  a  remedy, 
.ialso,  if  such  facts  can  be  demonstrated,  in  the  refusal  of  Cou- 
/  gress  to  admit  a  state  into  the  Union  under  a  constitution  im- 
5  posed  by  a  minority  upon  a  majority  by  frau'd  or  violence. 
Indeed,   I  cannot    doubt  that   the  convention,  after  having 
framed  a  state  constitution,  will  submit  it  for  ratification  or 
rejection,  by  a  majority  of  the  then  actual  bona  fide  resident 
settlers  of  Kansas. 

With  these  viewa,  well  known  to  the  president  and  cabinet, 
and  approved  by  them,  I  accepted  the  appointment  of  gover 
nor  of  Kansas.  My  instructions  from  the  president,  through 
the  secretary  of  state,  under  date  of  the  30th  of  March  last, 
sustain  "the  regular  legislature  of  the  territory"  in  "assem 
bling  a  convention  to  form  a  constitution;"  and  they  express 
the  opinion  of  the  president  that  "  when  such  a  constitution 
shall  be  submitted  to  the  people  of  the  territory,  they  must  be 
protected  in  the  exercise  of  their  right  of  voting  for  or  againxt. 
that  instrument;  and  the  fair  expression  of  the  popular  will 
must  not  be  interrupted  by  fraud  or  violence.''' 

I  repeat,  then,  as  my  clear  conviction,  that  unless  the  con 
vention  submit  the  constitution  to  the  vote  of  all  the  actual 
resident  settlers  of  Kansas,  and  the  election   be   fairly  and 
justly  conducted,  the  constitution  will  be,  and  ought  to  be, 
/rejected  by  Congress. 
'  '    '   TEere  are  other  important  reasons  why  you  should  partici- 


GOVERNOR  WALKER'S  INAUGURAL  ADDRESS.        331 

in  the  election  of  delegates  to  this  convention.  Kar/sas 
is  »o  become  a  new  state,  created  out  of  the  public  domain, 
and  will  designate  her  boundaries  in  the  fundamental  law.  To 
most  of  the  land  within  her  limits  the  Indian  title,  unfortu 
nately,  is  not  yet  extinguished,  and  this  land  is  exempt  from 
settlement,  to  the  grievous  injury  of  the  people  of  the  state. 
Having  passed  many  years  of  my  life  in  a  new  state,  and  re 
presented  it  for  a  long  period  in  the  Senate  of  the  United 
States,  I  know  the  serious  encumbrance  arising  from  large 
bodies  of  lands  within  a  state  to  which  the  Indian  title  is  not 
extinguished.  Upon  this  subject  the  convention  may  act  by 
such  just  and  constitutional  provisions  as  will  accelerate  the 
extinguishment  of  Indian  title. 

There  is,  furthermore,  the  question  of  railroad  grants  made 
by  Congress  to  all  the  new  states  but  one  (where  the  routes 
could  not  be  agreed  upon),  and,  within  a  few  months  past,  to 
the  flourishing  territory  of  Minnesota.  This  munificent 
grant  of  four  millions  and  a  half  of  acres  was  made  to  Min 
nesota,  even  in  advance  of  her  becoming  a  state,  under  the 
auspices  of  her  present  distinguished  executive,  ^and  will  en 
able  our  sister  state  of  the  northwest  speedily  to  unite  her 
railroad  system  with  ours. 

Kansas  is  undoubtedly  entitled  to  grants  similar  to  those 
ju4  made  to  Minnesota,  and  upon  this  question  the  conven 
tion  may  take  important  action. 

These,  recollect,  are  grants  by  Congress,  not  to  companies, 
but  to  states.  Now,  if  Kansas,  like  the  state  of  Illinois,  in 
granting  hereafter  these  lands  to  companies  to  build  these 
roads,  should  reserve,  at  least,  the  seven  per  cent,  of  their 
gross  annual  receipts,  it  is  quite  certain  that  so  soon  as  these 
roads  are  constructed,  such  will  be  the  large  payments  into  the 
treasury  of  our  state  that  there  will  be  no  necessity  to  impose 
in  Kansas  any  state  tax  whatever,  especially  if  the  constitu 
tion  should  contain  wise  provisions  against  the  creation  of  state 
debts. 

The  grant  to  the  state  of  Illinois  for  the  Illinois  Central 
Railroad,  passed  under  the  wise  and  patriotic  auspices  of  her 
distinguished  senator,  was  made  before  the  pernicious  system 
lately  exposed  in  Washington  had  invaded  the  halls  of  Con 
gress  j  and,  therefore,  that  state,  unlike  most  others  which 
obtained  recent  grants,  was  enabled  to  make  this  great  reser 
vation  for  the  benefit  of  the  state.  This  constitutes  of  itself 
a  conclusive  reason  why  these  railroad  grants  should  be  re 


332  HISTORY  OF  KANSAS. 

served  in  the  ordinance  accompanying  our  state  cc restitution,  so 
that  our  state  might  have  the  whole  benefit  of  the  grant,  in- 
stoad  of  large  portions  being  given  to  agents  appointed  to 
obtain  these  grants  by  companies  substantially  in  many  cases 
for  their  own  benefit,  although  in  the  name  of  the  state. 

There  is  another  reason  why  these  railroad  grants  should 
thus  be  reserved  in  our  ordinance. 

It  is  to  secure  these  lands  to  the  state  before  large  bodies 
of  them  are  engrossed  by  speculators,  especially  along  the 
contemplated  lines  of  railroads.  In  no  case  should  these  re 
servations  interfere  with  the  pre-emption  rights  reserved  to 
settlers,  or  with  school-sections. 

These  grants  to  states,  as  is  proved  by  the  official  docu 
ments,  have  greatly  augmented  the  proceeds  of  the  sales  of 
the  public  lands,  increasing  their  value,  accelerating  their  sale 
and  settlement,  and  bringing  enhanced  prices  to  the  govern 
ment,  whilst  greatly  benefiting  the  lands  of  the  settler  by  fur 
nishing  him  new  markets  and  diminished  cost  of  transporta 
tion.  On  this  subject,  Mr.  Buchanan,  always  the  friend  of 
the  new  states,  in  his  recent  inaugural,  uses  the  following 
language : — 

"  No  nation  in  the  tide  of  time  has  ever  been  blessed  with 
so  rich  and  noble  an  inheritance  as  we  enjoy  in  the  public 
lands.  In  administering  this  important  trust,  whilst  it  winy  be 
wise  to  grant  portions  of  them  for  the  improvement  of  the  re 
mainder,  yet  we  should  never  forget  that  it  is  our  cardinal  policy 
to  reserve  the  lands  as  much  as  may  be  for  actual  settlers  j  and 
this  at  moderate  prices.  We  shall  thus  not  only  best  promote 
the  prosperity  of  the  new  states,  by  furnishing  them  a  hardy 
and  independent  race  of  honest  and  industrious  citizens,  but 
shall  secure  homes  for  our  children  and  our  children's  children, 
as  well  as  those  exiled  from  foreign  shores,  who  may  seek  in 
this  country  to  improve  their  condition  and  enjoy  the  blessings 
of  civil  and  religious  liberty." 

Our  American  railroads,  now  exceeding  twenty-four  thou 
sand  miles  completed,  have  greatly  advanced  the  power,  pros 
perity,  and  progress  of  the  country,  whilst  linking  it  together 
in  bonds  of  ever-increasing  commerce  and  intercourse,  and 
tending,  by  these  results,  to  soften  or  extinguish  sectional  pas 
sions  and  prejudice,  and  thus  perpetuate  the  union  of  the 
states.  This  system  it  is  clearly  the  interest  of  the  whole  country 
shall  progress  until  the  states  west  of  the  Mississippi  shall  he 
intersected,  like  those  east  of  that  river,  by  a  network  of  rail- 


GOVERNOR  WALKER'S  INAUGURAL  ADDRESS.        333 

roads,  until  the  whole,  at  various  points,  shall  reach  the  shores 
of  the  Pacific.  The  policy  of  such  grants  by  Congress  is  now 
clearly  established;  and  whatever  doubts  may  have  prevailed 
in  the  minds  of  a  few  persons  as  to  the  constitutionality  of  such 
grants,  when  based  only  upon  the  transfer  of  a  portion  of  the 
public  domain,  in  the  language  of  the  inaugural  of  the  presi 
dent,  ''for  the  improvement  of  the  remainder,"  yet  when  they 
are  made,  as  now  proposed  in  the  ordinance  accompanying  our 
constitution,  in  consideration  of  our  relinquishing  the  right  to 
tax  the  public  lands,  such  grants  become,  in  fact,  sales  for 
ample  equivalents,  and  their  constitutionality  is  placed  beyond 
all  doubt  or  controversy.  For  this  reason,  also,  and  in  order 
that  these  grants  may  be  made  for  ample  equivalents,  and  upon 
grounds  of  clear,  constitutional  authority,  it  is  most  wise  that 
they  should  be  included  in  our  ordinance,  and  take  effect  by 
compact  when  the  state  is  admitted  into  the  Union.  If  my 
will  could  have  prevailed  as  regards  the  public  lands,  as  indi- 
cnted  in  my  public  career,  and  especially  in  the  bill  presented 
c/v  me,  as  chairman  of  the  committee  on  public  lands,  to  the 
Senate  of  the  United  States,  which  passed  that  body,  but  failed 
in  the  House,  I  would  authorize  no  sales  of  these  lands  except 
for  settlement  and  cultivation,  reserving  not  merely  a  pre-emp 
tion,  but  a  homestead  of  a  quarter-section  of  land  in  favor  of 
every  actual  settler,  whether  coming  from  other  states  or  emi 
grating  from  Europe.  Great  and  populous  states  would  thus 
rapidly  be  added  to  the  confederacy,  until  we  should  soon  have 
one  unbroken  line  of  states  from  the  Atlantic  to  the  Pacific, 
giving  immense  additional  power  and  security  to  the  Union, 
and  facilitating  intercourse  between  all  its  parts.  This  would 
be  alike  beneficial  to  the  old  and  to  the  new  states.  To  the 
working  men  of  the  old  states,  as  well  as  of  the  new,  it  would 
be  of  incalculable  advantage,  not  merely  by  affording  them  a 
home  in  the  west,  but  by  maintaining  the  wages  of  labor,  by 
enabling  the  working  classes  to  emigrate  and  become  cultiva 
tors  of  the  soil,  when  the  rewards  of  daily  toil  should  sink 
below  a  fair  remuneration.  Every  new  state,  besides,  adds  to 
the  customers  of  the  old  states,  consuming  their  manufactures, 
employing  their  merchants,  giving  business  to  their  vessels  and 
canals,  their  railroads  and  cities,  and  a  powerful  impulse  to  their 
industry  and  prosperity.  Indeed,  it  is  the  growth  of  the  mighty 
west  which  has  added,  more  than  all  other  causes  combined,  to 
the  power  and  prosperity  of  the  whole  country,  whilst  at  the  same 
time,  through  the  channels  of  business  and  commerce,  it  ha.s 


334  HISTORY  OF  KANSAS. 

boen  building:  up  immense  cities  in  the  eastern,  Atlantic,  and 
middle  states,  and  replenishing  the  federal  treasury  with  largu 
payments  from  the  settlers  upon  the  public  lands,  rendered  of 
real  value  only  by  their  labor;  and  thus,  from  increased  exports, 
bringing  back  augmented  imports,  and  soon  largely  increasing 
the  revenue  of  the  government  from  that  source  also. 

Without  asking  anything  new  from  Congress,  if  Kansas  can 
receive,  on  coming  into  the  Union,  all  the  usual  grants,  and 
use  them  judiciously,  she  can  not  only  speedily  cover  herself 
with  a  network  of  railroads,  but.  by  devoting  all  the  rest  to 
purposes  of  education,  she  would  soon  have  a  complete  system 
of  common  schools,  with  normal  schools,  free  academies,  and  a 
great  university,  in  all  of  which  tuition  should  be  free  to  all 
our  people.  In  that  university  the  mechanic  arts,  with  model 
workshops,  and  all  the  sciences  should  be  taught,  and  espe 
cially  agriculture  in  connexion  with  a  model  farm. 

Although  you  ask  nothing  more  in  your  ordinance  than  has 
been  already  granted  to  the  other  new  states,  yet  in  view  of 
the  sacrifice  of  life  and  property  incurred  by  the  people  of 
Kansas,  in  establishing  here  the  great  principles  of  state  and. 
popular  sovereignty,  and  thus  perpetuating  the  Union,  Con 
gress,  doubtless,  will  regard  with  indulgent  favor  the  new  state 
of  Kansas,  and  will  welcome  her  into  the  Union  with  joyful 
con gnt tula tions  and  a  most  liberal  policy  as  to  the  public  do 
main. 

The  full  benefit  of  that  great  measure,  the  graduation  and 
reduction  of  the  price  of  the  public  lands  in  favor  only  of  set 
tlers  and  cultivators,  so  often  urged  by  me  in  the  Senate  and 
in  the  Treasury  Department,  and  finally  adopted  by  Congress, 
should  also  be  secured  in  our  ordinance.  Having  witnessed  in 
n«  w  states  the  deep  injury  inflicted  upon  them  by  large  bodies 
of  their  most  fertile  land  being  monopolized  by  speculators,  I 
sn-.-gost,  in  accordance  with  the  public  policy  ever  advocated 
))\  me,  that  our  entire  land  tax,  under  the  constitution,  for 
the  next  twenty  years  should  be  confined  exclusively  to  unoc 
cupied  land — whether  owned  by  residents  or  non-residents — 
as  one  of  the  best  means  of  guarding  against  a  monopoly  of 
our  choice  lands  by  speculators.  I  desire,  in  fact,  to  see  our 
convention  exorcise  the  whole  constitutional  power  of  a  state, 
to  guard  our  rights  and  interests,  and  especially  to  protect  the 
pet  tiers  and  cultivators  against  the  monopoly  of  our  public  do 
main  by  speculators. 

As  regards  the  school  lands  of  the  new  states,  the  following 


GOVERNOR  WALKER'S  INAUOLRAL  ADDRESS.        335 

views  will  be  found  in  my  reports  of  the  8th  of  December, 
1847,  and  9th  of  December,  1848,  as  Secretary  of  the  Treasury 
of  the  United  States  : 

••The  recommendation  contained  in  my  last  report  for  the 
establishment  of  ports  of  entry  in  Oregon,  and  the  extension 
there  of  our  revenue  laws,  is  again  respectfully  presented  to 
the  consideration  of  Congress,  together  with  donations  of  farms 
to  settlers  and  emigrants,  and  the  grant  of  a  school  section  in 
the  centre  of  every  quarter  of  a  township,  which  would  bring 
the  school-house  within  a  point  not  exceeding  a  mile  and  a 
half  in  distance  from  the  most  remote  inhabitants  of  such  quar 
ter  township." 

And  again  : 

u  My  last  report  recommended  the  grant  of  one  section  of 
land  for  schools  in  every  quarter  township  in  Oregon.  *  * 
*  *  *  *  Congress,  to  some  extent,  adopted  this  recom 
mendation  by  granting  two  school  sections  in  each  township, 
instead  of  one,  for  education  in  Oregon  j  but  it  is  respectfully 
suggested  that  even  thus  extended  the  grant  is  still  inadequate 
in  amount,  whilst  the  location  is  inconvenient,  and  too  remote 
for  a  school  which  all  can  attend.  The  subject  is  again  pre 
sented  to  the  attention  of  Congress,  with  the  recommendation 
that  it  shall  be  extended  to  California  and  New  Mexico,  and  also 
to  all  the  other  new  states  and  territories  containing  the  public 
domain." 

Acting  upon  the  first  of  these  recommendations,  but  not 
carrying  them  fully  into  effect,  Congress  doubled  the  school- 
section  grants — an  advance  upon  the  former  system.  But,  in 
my  judgment,  the  benefits  intended  will  never  be  fully  realized 
until  four  school  sections,  instead  of  two,  are  granted  in  every 
township,  locating  the  school  section  in  the  centre  of  every 
quarter  township  j  thus,  by  only  doubling  the  school  sections, 
causing  every  section  of  the  public  domain  in  the  new  states 
to  adjoin  a  school  section,  which  would  add  immensely  to  the 
value  of  the  public  lands,  whilst  at  the  same  time,  affording  an 
adequate  fund  not  only  for  the  establishment  of  common  schools 
in  every  township,  but  of  high  schools,  normal  schools,  and 
free  academies,  which,  together  with  the  five-per-cent.  fund 
and  university  grant  before  referred  to,  would  place  Kansas  in 
a  few  years,  in  point  of  science  and  education,  in  the  front 
rank  of  the  states  of  the  American  Union  and  of  the  world. 
This  is  a  subject  always  regarded  by  me  with  intense  interest, 
inasmuch  as  my  highest  hope  of  the  perpetuity  of  our  Union, 


336  HISTORY  OF  KANSAS. 

and  of  the  continued  success  of  self-government,  is  based  upon 
the  progressive  education  and  enlightenment  of  the  people, 
enabling  them  fully  to  comprehend  their  own  true  interests, 
the  incalculable  advantages  of  our  Union,  the  exemption  from 
the  power  of  demagogues,  the  control  of  sectional  passions  and 
prejudice,  the  progress  of  the  arts  and  sciences,  and  the  accu 
mulation  of  knowledge,  which  is  every  day  more  and  more 
becoming  real  power,  and  which  will  advance  so  much  the 
great  interests  of  our  whole  country. 

These  noble  grants  for  schools  and  education  in  some  of  tfce 
new  states  have  not  produced  all  the  advantages  designed,  for 
want  of  adequate  checks  and  guards  against  improvident  legis 
lation  ;  but  I  trust  that  the  convention,  by  a  distinct  consti 
tutional  provision,  will  surround  these  lands  with  such  guaran 
tees,  legislative,  executive,  judicial,  and  popular,  as  to  require 
the  combined  action  of  the  whole  under  the  authority  of  the 
legislature  in  the  administration  of  a  fund  so  sacred. 

It  will  be  observed  that  these  school  sections  and  the  five- 
per-ceut.  fund,  or  their  equivalent,  have  always  been  made 
good  to  the  new  states  by  Congress,  whether  the  lands  were 
sold  in  trust,  for  Indians,  or  otherwise. 

Upon  looking  at  the  location  of  Kansas,  equidistant  from 
north  to  south,  and  from  the  Atlantic  to  the  Pacific,  I  find, 
that,  within  reasonable  boundaries,  she  would  be  the  central 
state  of  the  American  Union.  On  the  north  lies  the  Ne 
braska  territory,  soon  to  become  a  state;  on  the  south  the 
great  and  fertile  Southwestern  Indian  Territory,  soon,  I  hope, 
to  become  a  state  also.  To  the  boundary  of  Kansas  run 
nearly  all  the  railroads  of  Missouri,  whilst  westward,  north 
ward,  and  southward,  these  routes  continued  through  Kansas 
would  connect  her  directly  with  Puget  Sound,  the  mouth  of 
the  Oregon  river,  and  San  Francisco.  The  southern  boundary 
of  Kansas  is  but  five  hundred  miles  from  the  Gulf  of  Mexico, 
and  the  same  railroad  through  the  great  Southwestern  Indian 
Territory  and  Texas  would  connect  her  with  New  Orleans, 
with  Galveston,  with  all  the  roads  of  Arkansas,  and  through 
Texas  to  San  Francisco,  and  other  points  upon  the  Pacific; 
northward  and  eastward  our  lines  would  connect  with  the  roads 
of  Iowa,  Illinois,  Wisconsin,  Nebraska,  Minnesota,  and  the 
lakes  of  the  north. 

It  is  the  people  of  Kansas  who,  in  forming  their  state  con 
stitution,  are  to  declare  the  terius  on  which  they  propose  to 
outer  the  Union.  Congress  cannot  compel  the  people  of  a 


GOVERNOR  .WALKER'S  INAUGURAL  ADDRESS.   337 

territory  to  enter  the  Union  as  a  state,  or  change,  without 
their  consent,  the  constitution  framed  by  the  people.  Con 
gress,  it  is  true,  may  for  constitutional  reasons  refuse  admission, 
but  the  state  alone,  in  forming  her  constitution,  can  prescribe 
the  terms  on  which  she  will  enter  the  Union.  This  power  of 
the  people  of  a  territory  in  forming  a  state  constitution  is  one 
of  vital  importance,  especially  in  the  states  carved  out  of  the 
public  domain.  Nearly  all  the  lands  of  Kansas  are  public 
lands,  and  most  of  them  are  occupied  by  Indian  tribes. 
Tjjese  lands  are  the  property  of  the  federal  government,  but 
their  right  is  exclusively  that  of  a  proprietor,  carrying  with  it 
no  political  power. 

Although  the  states  cannot  tax  the  constitutional  functions 
of  the  federal  government,  they  may  assess  its  real  estate 
within  the  limits  of  the  state.  Thus,  although  a  state  cannot 
tax  the  federal  mint  or  custom-houses,  yet  it  may  tax  the 
ground  on  which  they  stand,  unless  exempted  by  state  autho 
rity.  Such  is  the  well-settled  doctrine  of  the  Supreme  Court 
of  the  United  States.  In  1838  Judge  McLean,  of  the  Su 
preme  Court  of  the  United  States,  made  the  following  deci 
sion  : — 

"  It  is  true  the  United  States  held  the  proprietary  right 
under  the  act  of  cession,  and  also  the  right  of  sovereignty 
until  the  state  government  was  established;  but  the  mere  pro 
prietary  right,  if1  it  exist,  gives  no  right  of  sovereignty.  The 
United  States  may  own  land  within  a  state,  but  political  juris 
diction  does  not  follow  this  ownership.  Where  jurisdiction  is 
necessary,  as  for  forts  and  arsenals,  a  cession  of  it  is  obtained 
from  the  state.  Even  the  lands  of  the  United  States  within 
the  state  are  exempted  from  taxation  by  compact." 

By  the  recent  decision  of  the  Supreme  Court  of  the  United 
States,  so  justly  favorable  to  the  rights  and  interest  of  the  new 
states,  especially  those  formed  out  of  the  territory  acquired, 
like  Kansas,  since  the  adoption  of  the  constitution,  it  is  clear 
that  the  ownership  of  the  public  lands  of  such  territory  is 
vievred  by  the  court  exclusively  as  a  proprietary  right,  carry 
ing  with  it  no  political  power  or  right  of  eminent  domain,  and 
affecting  in  no  way  the  exercise  of  any  of  the  sovereign  attri 
butes  of  state  authority.  When  Kansas  becomes  a  state, 
with  all  the  attributes  of  state  sovereignty  coextensive  with 
her  limits,  among  these  must  be  the  taxing  power,  which  is 
an  inherent  element  of  state  authority.  I  do  not  dispute  the 
title  of  the  government  to  the  public  lands  of  Kansas,  but  I 
29  W 


338  HISTORY  OF  KANSAS. 

do  say  that  this  right  is  that  of  an  owner  only,  and  that,  when 
Kansas  becomes  a  state,  the  public  lands  are  subject  to  taxation  by 
state  authority,  like  those  of  any  individual  proprietor,  unless 
that  power  is  relinquished  by  the  state  in  the  ordinance,  as 
suming  the  form  of  a  compact,  by  which  the  state  is  admitted 
into  the  Union. 

This  relinquishment  of  the  taxing  power  as  to  the  public 
lands,  so  important  to  the  general  government,  and  which  has 
heretofore  been  exacted  by  Congress  on  their  own  terms  from 
all  the  new  states-,  is  deeply  injurious  to  the  state,  depriving 
her  almost  entirely  of  the  principal  recourse  of  a  new  state  by 
taxation  to  support  her  government.  Now  that  this  question 
is  conclusively  settled  by  the  Supreme  Court  of  the  United 
States,  as  a  consequence  of  their  recent  decision,  it  is  proper 
for  the  state,  in  making  this  relinquishment  of  the  right  to 
tax  the  public'  lands,  to  annex  the  conditions  on  which  she 
consents  to  such  exemption.  This  should  be  done  in  the 
constitution  upon  terms  just  to  Kansas  and  to  the  federal 
government. 

Should  Kansas  relinquish  the  right  of  taxing  the  public 
lands  for  equivalent,  she  should,  in  my  judgment,  although 
sustained  by  irresistible  conclusions  from  the  decision  of  the 
Supreme  Court  of  the  United  States,  and  sound  constitutional 
views  of  state  rights,  place  the  question  in  its  strongest  form, 
by  asking  nothing  more  than  has  been  granted  to  the  other 
new  states,  including  the  grants  for  education,  railroads,  &c. 
She  will  thus  give  the  highest  proof  that  she  is  not  governed 
by  sordid  views,  and  that  she  means  to  exact  nothing  from 
Congress  that  is  unjust  or  unusual. 

\    Tcannot  too  earnestly  impress  upon  you  the  necessity  of 
/removing  the  slavery  agitation  from  the  halls  of  Congress  and 
[presidential  conflicts.     It  is  conceded  that  Congress  has  no 
power  to  interfere  with  slavery  in  the  states  where  it  exists; 
\and  if  it  can  now  be  established,  as  is  clearly  the  doctrine  of 
the  constitution,  that  Congress  has  no  authority  to  interfere 
with  the  people  of  a  territory  on  this  subject,  in  forming  a 
state   constitution,  the  question  must  be  removed  from  con 
gressional  and  presidential  elections. 

This  is  the  principle  affirmed  by  Congress  in  the  act  organ 
izing  this  territory,  ratified  by  the  people  of  the  United  States 
in  the  recent  election,  and  maintained  by  the  late  decision  of 
thq  Supreme  Court  of  the  United  States.  If  this  principle 
can  be  carried  into  successful  operation  in  Kansas — that  her 


339 

people  shall  determine  what  shall  be  her  social  institutions — 
the  slavery  question  must  be  withdrawn  from  the  halls  of 
Congress,  and  from  our  presidential  conflicts,  and  the  safety 
of  the  Union  be  placed  beyond  all  peril;  whereas,  if  the 
principle  should  be  defeated  here,  the  slavery  agitation  must 
be  renewed  in  all  elections  throughout  the  country,  with  in 
creasing  bitterness,  until  it  shall  eventually  overthrow  the 
government. 

It  is  this  agitation  which,  to  European  powers,  presents  the 
only  hope  of  subverting  our  free  institutions,  and,  as  a  conse 
quence,  destroying  the  principle  of  self-government  through 
out  the  world.  It  is  this  hope  that  has  already  inflicted  deep 
injury  upon  our  country,  exciting  monarchical  or  despotic 
interference  with  our  domestic  as  well  as  foreign  affairs,  and 
inducing  their  interposition,  not  only  in  our  elections,  but  in 
diplomatic  intercourse,  to  arrest  our  progress,  to  limit  our 
influence  and  power,  depriving  us  of  great  advantages  in 
peaceful  territorial  expansion,  as  well  as  in  trade  with  the 
nations  of  the  world. 

Indeed,  when  I  reflect  upon  the  hostile  position  of  the 
European  press  during  the  recent  election,  and  their  exulting 
predictions  of  the  dissolution  of  our  Union  as  a  consequence 
of  the  triumph  of  a  sectional  candidate,  I  cannot  doubt  that 
the  peaceful  and  permanent  establishment  of  these  principles, 
now  being  subjected  to  their  final  test  in  Kansas,  will  terminate 
European  opposition  to  all  those  measures,  which  must  so  much 
increase  our  commerce,  furnish  new  markets  for  our  products 
and  fabrics,  and  by  conservative,  peaceful  progress,  carry  our 
flag  and  the  empire  of  our  constitution  into  new  and  adjacent 
regions  indispensable  as  a  part  of  the  Union  to  our  welfare 
and  security,  adding  coffee,  sugar,  and  other  articles  to  our 
staple  exports,  whilst  greatly  reducing  their  price  to  the  con 
sumer. 

Nor  is  it  only  in  our  foreign  intercourse  that  peace  will  be 
preserved  and  our  prosperity  advanced  by  the  accepted  fact  of 
the  permanence  of  our  government,  based  upon  the  peaceful 
settlement  of  this  question  in  Kansas,  but  at  home  the  same 
sentiment  will  awaken  renewed  confidence  in  the  stability  of 
our  institutions,  give  a  new  impulse  to  all  our  industry,  and 
carry  us  onward  in  a  career  of  progress  and  prosperity  exceed 
ing  even  our  most  sanguine  expectations;  a  new  movement  of 
European  capital  will  flow  in  upon  us  for  permanent  invest 
ment,  and  a  new  exodus  of  the  European  masses,  aided  by  the 


340  HI6TORY  OP  KANSAS. 

pre-emption  principle,  carry  westward  the  advancing  column 
of  American  states  in  one  unbroken  phalanx  to  the  Pacific. 

And  let  me  ask  you,  what  possible  good  has  been  accom 
plished  by  agitating  in  Congress  and  in  presidential  conflicts 
the  slavery  question  ?  Has  it  emancipated  a  single  slave,  or 
improved  their  condition  ?  Has  it  made  a  single  state  free 
where  slavery  otherwise  would  have  existed?  Has  it  accele 
rated  the  disappearance  of  slavery  from  the  more  northern 
of  the  slaveholding  states,  or  accomplished  any  practical 
good  whatever?  No,  my  fellow-citizens,  nothing  but  unmiti 
gated  evil  has  already  ensued,  with  disasters  still  more  fearful 
impending  for  the  future,  as  a  consequence  of  this  agitation, 
here  is  a  law  more  powerful  than  the  legislation  of  man — 
ore  potent  than  passion  or  prejudice — that  must  ultimately 
determine  the  location  of  slavery  in  this  country;  it  is  the 
isothermal  line;  it  is  the  law  of  the  thermometer,  of  latitude 
or  altitude,  regulating  climate,  labor,  and  productions,  and,  as 
!  a  consequence,  profit  and  loss.  Thus,  even  upon  the  mountain 
heights  of  the  tropics  slavery  can  no  more  exist  than  in 
northern  latitudes,  because  it  is  unprofitable,  being  unsuited 
to  the  constitution  of  that  sable  race  transplanted  here  from 
the  equatorial  heats  of  Africa.  Why  is  it  that  in  the  Union 
slavery  recedes  from  the  north,  and  progresses  south  ?  It  is 
this  same  great  climatic  law  now  operating  for  or  against 
slavery  in  Kansas.  If,  on  the  elevated  plains  of  Kansas, 
stretching  to  the  base  of  our  American  Alps — the  rocky 
mountains — and  including  their  eastern  crest  crowned  with 
perpetual  snow,  from  which  sweep  over  her  open  prairies  those 
chilling  blasts,  reducing  the  average  range  of  the  thermometer 
here  to  a  temperature  nearly  as  low  as  that  of  New  England, 
should  render  slavery  unprofitable  here,  because  unsuited  to 
the  tropical  constitution  of  the  negro  race,  the  law  above  re 
ferred  to  must  ultimately  determine  that  question  here,  and 
can  no  more  be  controlled  by  the  legislation  of  man  than  any 
other  moral  or  physical  law  of  the  Almighty.  Especially 
must  this  law  operate  with  irresistible  force  in  this  country, 
where  the  number  of  slaves  is  limited,  and  cannot  be  increased 
by  importation,  where  many  millions  of  acres  of  sugar  and 
cotton  lands  are  still  uncultivated,  and,  from  the  ever-augment 
ing  demand,  exceeding  the  supply,  the  price  of  those  great 
staples  has  nearly  doubled,  demanding  vastly  more  slave  labor 
for  their  production. 

If,  from  the  operation  of  these  causes,  slavery  should  not 


GOVERNOR  WALKER'S  INAUGURAL  ADDRESS.       341 

exist  here,  I  trust  it  by  no  means  follows  that  Kansas  should 
become  a  state  controlled  by  the  treason  and  fanaticism  of  :ib- 
lition.  She  has,  in  any  event,  certain  constitutional  duti.-s  to 
perform  to  her  sister  states,  and  especially  to  her  immediate 
neighbor — the  slaveholding  state  of  .Missouri.  Through  that 
great  State,  by  rivers  and  railroads,  must  flow,  to  a  great  ex 
tent,  our  trade  and  intercourse,  our  imports  and  exports. 
Our  entire  eastern  front  is  upon  her  border ;  from  Missouri 
come  a  great  number  of  her  citizens ;  even  the  farms  of  the 
two  states  are  cut  up  by  the  line  of  state  boundary,  part  in 
Kansas,  part  in  Missouri ;  her  citizens  meet  us  in  daily  inter 
course  ;  and  that  Kansas  should  become  hostile  to  Missouri^ 
an  asylum  for  her  fugitive  slaves,  or  a  propagandist  of  abolition 
treason,  would  be  alike  inexpedient  and  unjust,  and  fatal  to 
the  continuance  of  the  American  Union.  In  any  event,  then, 
I  trust  that  the  constitution  of  Kansas  will  contain  such  clauses 
as  will  forever  secure  to  tho  state  of  3Iissouri  the  faithful  per 
formance  of  all  constitutional  guarantees,  not  only  by  federal, 
but  by  state  authority,  and  the  supremacy  within  our  limits 
of  the  authority  of  the  Supreme  Court  of  the  United  States 
on  all  constitutional  questions  be  firmly  established. 

Upon  the  south  Kansas  is  bounded  by  the  great  south-j 
western  Indian  territory.  This  is  one  of  the  most  salubrious)  » 
and  fertile  portions  of  this  continent.  It  is  a  great  cottonl 
growing  region,  admirably  adapted  by  soil  and  climate  for  the' 
products  of  the  south,  embracing  the  valleys  of  the  Arkansas 
and  Red  rivers,  adjoining  Texas  on  the  south  and  west,  and 
Arkansas  on  the  east,  and  it  ought  speedily  to  become  a  state 
of  the  American  Union.  The  Indian  treaties  will  constitute 
no  obstacle  any  more  than  precisely  similar  treaties  did  in 
Kansas ;  for  their  lands,  valueless  to  them,  now  for  sale,  but 
which,  sold  with  their  consent  and  for  their  benefit,  like  the 
Indian  land  of  Kansas,  would  make  them  a  most  wealthy  and 
prosperous  people ;  and  their  consent,  on  these  terms,  would 
be  most  cheerfully  given.  This  territory  contains  double  the 
area  of  the  state  of  Indiana,  and,  if  necessary,  an  adequate 
portion  of  the  western  and  more  elevated  part  could  be  set 
apart  exclusively  for  these  tribes,  and  the  eastern  and  larger 
portion  be  formed  into  a  state,  and  its  lands  sold  for  the  benefit 
of  these  tribes  (like  the  Indian  lands  of  Kansas),  thus  greatly 
promoting  all  their  interests.  To  the  eastern  boundary  of  this 
region  on  the  state  of  Arkansas,  run  the  railroads  of  that 
state;  to  her  southern  limits  come  the  great  railroads  from 


342  HISTORY  OF  KANSAS. 

Louisiana  and  Texas,  from  New  Orleans  and  Galveston,  which 
will  ultimately  be  joined  by  railroads  from  Kansas,  leading 
through  this  Indian  Territory,  connecting  Kansas  with  New 
Orleans,  the  Gulf  of  Mexico,  and  with  the  Southern  Pacific 
railroad,  leading  through  Texas  to  San  Fransisco. 

It  is  essential  to  the  true  interests  not  only  of  Kansas,  but 
of  Louisiana,  Texas,  and  Arkansas,  Iowa  and  Missouri,  and 
the  whole  region  west  of  the  Mississippi,  that  this  cotermin 
ous  south-western  Indian  territory  should  speedily  become  a 
state,  not  only  to  supply  us  with  cotton,  and  receive  our  pro 
ducts  in  return,  but  as  occupying  the  area  over  which  that 
portion  of  our  railroads  should  run  which  connect  us  with  New 
Orleans  and  Galveston,  and  by  the  southern  route  with  the 
Pacific.  From  her  central  position,  through  or  connected  with 
Kansas,  must  run  the  central,  northern,  and  southern  routes 
to  the  Pacific ;  and  with  the  latter,  as  well  as  with  the  Gulf, 
the  connection  can  only  be  secured  by  this  south-western  ter 
ritory  becoming  a  state,  and  to  this  Kansas  should  direct  her 
earnest  attention  as  essential  to  her  prosperity. 
""""""Our  country  and  the  world  are  regarding  with  profound  in 
terest  the  struggle  now  impending  in  Kansas.  Whether  we 
are  competent  to  self-government — whether  we  can  decide 
this  controversy  peacefully  for  ourselves  by  our  own  votes, 
without  fraud  or  violence — whether  the  great  principles  of 
self-government  and  state  sovereignty  can  be  carried  here  into 
successful  operation — are  the  questions  now  to  be  determined, 
and  upon  the  plains  of  Kansas  may  now  be  fought  the  last 
great  and  decisive  battle,  involving  the  fate  of  the  Union,  of 
state  sovereignty,  of  self-government,  and  the  liberties  of  the 
world.  If,  my  fellow-citizens,  you  could,  even  for  a  brief 
period,  soften  or  extinguish  sectional  passions  or  prejudice, 
and  lift  yourselves  to  the  full  realization  of  the  momentous 
issues  intrusted  to  your  decision,  you  would  feel  that  no  greater 
responsibility  was  ever  devolved  upon  any  people.  It  _is_.not 
merely  shall  slavery  exist  in  or  disappear  from  Kansas ;  but, 


shall  the  great  principles  of  self-government  and  state  sover 
eignty  he  maintained  or  subverted.  State  sovereignty  is 
mainly  a  practical  principle,  in  so  far  as  it  is  illustrated  by  the 
great  sovereign  right  of  the  majority  of  the  people,  in  forming 
a  state  government,  to  adopt  their  own  social  institutions ;  and 
this  principle  is  disregarded  whenever  such  decision  is  sub- 
1  verted  by  Congress,  or  overthrown  by  external  intrusion,  or  by 
domestic  fraud  or  violence.  All  those  who  oppose  this  principle 


GOVERNOR  WALKER'S  INAUGURAL  ADDRESS.        343 

are  the  enemies  of  state  rights,  of  self-government,  of  the 
constitution  and  the  Union.  Do  you  love  slavery  so  much! 
or  hate  it  so  intensely,  that  you  would  endeavor  to  establish 
or  exclude  it  by  fraud  or  violence,  against  the  will  of  the 
majority  of  the  people  ?  What  is  Kansas,  with  or  without  sla 
very,  if  she  should  destroy  the  rights  and  union  of  the  states  ? 
Where  would  be  her  schools,  her  free  academies,  her  colleges 
and  university,  her  towns  and  cities,  her  railroads,  farms, 
and  villages,  without  the  Union,  and  the  principles  of  self- 
government  ?  Where  would  be  her  peace  and  prosperity,  and 
what  the  value  of  her  lands  and  property  ?  Who  can  decide 
this  question  for  Kansas,  if  not  the  people  themselves  ?  And 
if  they  cannot,  nothing  but  the  sword  can  become  the  arbiter. 

On  the  one  hand,  if  you  can  and  will  decide  peacefully  this 
question  yourselves,  I  see  for  Kansas  an  immediate  career  of 
power,  progress,  and  prosperity,  unsurpassed  in  the  history  of 
the  world.  I  see  the  peaceful  establishment  of  our  state  con 
stitution,  its  ratification  by  the  people,  and  our  immediate  ad 
mission  into  the  Union,  the  rapid  extinguishment  of  Indian 
title,  and  the  occupancy  of  those  lands  by  settlers  and  culti 
vators  ;  the  diffusion  of  universal  education  ;  pre-emptions  for 
the  actual  settlers  ;  the  state  rapidly  intersected  by  a  network 
of  railroads;  our  churches,  schools,  colleges,  and  university 
carrying  westward  the  progress  of  law,  religion,  liberty,  and 
civilization ;  our  towns,  cities  and  villages  prosperous  and  pro 
gressing;  our  farms  teeming  with  abundant  products,  and 
greatly  appreciated  in  value ;  and  peace,  happiness  and  pros 
perity  smiling  throughout  our  borders.  With  proper  clausgsl 
in  our  constitution,  and  the  peaceful  arbitrament  of  this  ques-l 
tion,  Kansas  may  become  the  model  state  of  the  American  ^ 
Union.  She  may  bring  down  upon  us  from  north  to  south, 
from  east  to  west,  the  praises  and  blessing  of  every  patriotic 
American,  and  of  every  friend  of  self-government  throughout 
the  world.  She  may  record  her  name  on  the  proudest  page 
of  the  history  of  our  country  and  of  the  world,  and  as  the 
youngest  and  last-born  child  of  the  American  Union,  all  will 
hail  and  regard  her  with  respect  and  affection. 

On  the  other  hand,  if  you  cannot  thus  peacefully  decide 
this  question,  fraud,  violence,  and  injustice  will  reign  supreme 
throughout  our  borders,  and  we  will  have  achieved  the  undy 
ing  infamy  of  having  destroyed  the  liberty  of  our  country  and 
of  the  world.  We  will  become  a  byword  of  reproach  and 
obloquy ;  and  all  history  will  record  the  fact  that  Kansas  wa* 


344  HISTORY  OF  KANSAS. 

the  grave  of  the  American  Union.  Never  was  so  momentous 
a  question  submitted  to  the  decision  of  any  people;  and  we 
cannot  avoid  the  alternatives  now  placed  before  us  of  glory  or 
of  shame. 

May  that  overruling  Providence  who  brought  our  forefathers 
in  safety  to  Jamestown  and  Plymouth — who  watched  over  our 
colonial  pupilage — who  convened  our  ancestors  in  harmonious 
councils  on  the  birthday  of  American  independence — who  gave 
us  Washington,  and  carried  us  successfully  through  the  strug 
gles  and  perils  of  the  revolution — who  assembled,  in  1787, 
that  noble  band  of  patriots  and  statesmen  from  north  and 
south  who  framed  the  federal  constitution — who  has  augmented 
our  numbers  from  three  millions  to  thirty  millions,  has  car 
ried  us  from  the  eastern  slope  of  the  Alleghanies  through  the 
great  valleys  of  the  Ohio,  Mississippi,  and  Missouri,  and  now 
salutes  our  standard  on  the  shores  of  the  Pacific — rouse  in  our 
hearts  a  love  of  the  whole  Union,  and  a  patriotic  devotion  to 
the  whole  country.  May  it  extinguish  or  control  all  sectional 
passions  and  prejudice,  and  enable  us  to  conduct  to  a  success 
ful  conclusion  the  great  experiment  of  self-government  now 
being;  made  within  your  boundaries. 

/  Is  it  not  infinitely  better  that  slavery  should  be  abolished  or 
established  in  Kansas,  rather  than  that  we  should  become 
slaves  and  not  permitted  to  govern  ourselves  ?  Is  the  absence 
or  existence  of  slavery  in  Kansas  paramount  to  the  great  ques 
tions  of  state  sovereign ty,  of  self-government,  and  of  the  Union  ? 
Is  the  sable  African  alone  entitled  to  your  sympathy  and  con 
sideration,  even  if  he  were  happier  as  a  freeman  than  as  a 
slave,  either  here  or  in  St.  Domingo,  or  the  British  West  In 
dies  or  Spanish  America,  where  the  emancipated  slave  has 
receded  to  barbarism,  and  approaches  the  lowest  point  in  the 
descending  scale  of  moral,  physical,  and  intellectual  degradation  ? 
Have  our  white  brethren  of  the  great  American  and  Euro 
pean  race  no  claims  upon  our  attention  ?  Have  they  no  rights 
or  interests  entitled  to  regard  and  protection  ?  Shall  the  des 
tiny  of  the  African  in  Kansas  exclude  all  considerations  con 
nected  with  our  own  happiness  and  prosperity  ?  And  is  it  for 
the  handful  of  that  race  now  in  Kansas,  or  that  may  be  here 
after  introduced,  that  we  should  subvert  the  Union  and  the 
great  principles  of  self-government  and  state  sovereignty,  and 
imbrue  our  hands  in  the  blood  of  our  countrymen  !  Import 
ant  as  this  African  question  may  be  in  Kansas,  and  which  it 
is  your  solemn  right  to  determine;  it  sinks  into  insignificance 


GOVERNOR  WALKER'S  INAUGURAL  ADDRESS.        345 

compared  with  the  perpetuity  of  the  Union  and  the  final  suc 
cessful  establishment  of  the  principles  of  state  sovereignty  and 
free  government.  It'  ji:iiri«itisin.  it'  derrotioo  t->  tin-  OODStito- 
tion  riii'l  luvt-  of  th«'  I'iii'-n.  >h»uM  DOl  iii'lur.-  t!i>-  minority  to 

yield  to  the  majority  on  this  question,  let  them  reflect,  that  in 
no  event  can  the  minority  successfully  determine  this  question 
permanently,  anc^that  in  no  contingency  will  Congress  admit 
Kansas  as  a  slave  or  free  state  unless  a  majority  of  the  people 
of  Kansas  shall  first  have  fairly  and  freely  decided  this  ques 
tion  for  themselves  by  a  direct  vote  on  the  adoption  of  the 
constitution,  excluding  all  fraud  or  violence.  The  minority, 
in  resisting  the  will  of  the  majority,  may  involve  Kansas  again 
in  civil  war ;  they  may  bring  upon  her  reproach  and  obloquy, 
and  destroy  her  progress  and  prosperity ;  they  may  keep  her 
for  years  out  of  the  Union,  and,  in  the  whirlwind  of  agitation.  _., 
sweep  away  the  government  itself;  but  Kansas  never  can  be 
.brought  into  the  Union  with  or  without  slavery  except  by  a 
previous  solemn  decision,  fully,  freely,  and  fairly  made  by  a  \/ 
majority  of  her  people  in  voting  for  or  against  the  adoption 
of  her  state  constitution.  Why,  then,  should  this  just,  peace 
ful,  and  constitutional  mode  of  settlement  meet  with  opposition 
from  any  quarter  ?  Is  Kansas  willing  to  destroy  her  own  hopes  ; 
of  prosperity,  merely  that  she  may  afford  political  capital  to  any  y 
party,  and  perpetuate  the  agitation  of  slavery  throughout  the 
Union  ?  Is  she  to  become  a  mere  theme  for  agitators  in  other 
states,  the  theatre  on  which  they  shall  perform  the  bloody  drama 
of  treason  and  disunion  ?  Does  she  want  to  see  the  solemn  acts 
of  Congress,  the  decision  of  the  people  of  the  Union  in  the 
recent  election,  the  legislative,  executive,  and  judicial  author 
ities  of  the  country  all  overthrown,  and  revolution  and  civil 
war  inaugurated  throughout  her  limits  ?  Does  she  want  to  be 
"  bleeding  Kansas"  for  the  benefit  of  political  agitators,  with 
in  or  out  of  her  limits ;  or  does  she  prefer  the  peaceful  and 
quiet  arbitrament  of  this  question  for  herself  ?  What  benefit 
will  the  great  body  of  the  people  of  Kansas  derive  from  these 
agitations  ?  They  may,  for  a  brief  period,  give  consequence 
and  power  to  political  leaders  and  agitators,  but  it  is  at  the 
expense  of  the  happiness  and  welfare  of  the  great  body  of  the 
people  of  this  territory.  — ' 

Those  who  oppose  slavery  in  Kansas  do  not  base  their  op-/ 
position  upon  any  philanthropic  principles,  or  any  sympathy 
for  the  African  race;  for  in  their  so-called  constitution,  framed 
at  Topeka,  they  deem  that  entire  race  so  inferior  and  degraded 


346  HISTORY  OF  KANSAS. 

as  to  exclude  them  all  for  ever  from  Kansas,  whether  they  be 
bond  or  free — thus  depriving  them  of  all  rights  here,  and  de 
nying  even  that  they  can  be  citizens  of  the  United  States ; 
for,  if  they  are  citizens,  they  could  not  constitutionally  be  ex 
iled  or  excluded  from  Kansas.  Yet  such  a  clause,  inserted  in 
the  Topeka  constitution,  was  submitted  by  that  convention  for 
the  vote  of  the  people,  and  ratified  here  by  an  overwhelming 
majority  of  the  anti-slavery  party.  This  parfy  here,  therefore, 
has,  in  the  most  positive  manner,  affirmed  the  constitutionality 
of  that  portion  of  the  recent  decision  of  the  Supreme  Court 
of  the  United  States  declaring  that  Africans  are  not  citizens 
of  the  United  States. 

This  is  the  more  important,  inasmuch  as  this  Topeka  con 
stitution  was  ratified,  with  this  clause  inserted,  by  the  entire 
Republican  party  in  Congress — thus  distinctly  affirming  the 
recent  decision  of  the  Supreme  Court  of  the  Union,  that  Af 
ricans  are  not  citizens  of  the  United  States ;  for  if  citizens, 
they  may  be  elected  to  all  offices,  state  and  national,  including 
the  presidency  itself;  they  must  be  placed  upon  a  basis  of 
perfect  equality  with  the  whites,  serve  with  them  in  the  militia, 
on  the  bench,  the  legislature,  the  jury  box,  vote  in  all  elec 
tions,  meet  us  in  social  intercourse,  and  intermarry  freely  with 
the  whites.  This  doctrine  of  the  perfect  equality  of  the  white, 
with  the  black,  in  all  respects  whatsoever,  social  and  political, 
clearly  follows  from  the  position  that  Africans  are  citizens  of 
the  United.  States.  Nor  is  the  Supreme  Court  of  the  Union 
less  clearly  vindicated  by  the  position  now  assumed  here  by 
the  published  creed  of  this  party,  that  the  people  of  Kansas, 
in  forming  their  state  constitution  (and  not  Congress),  must 
decide  this  question  of  slavery  for  themselves.  Having  thus 
sustained  the  court  on  both  the  controverted  points  decided 
by  that  tribunal,  it  is  hoped  they  will  not  approve  the  anarchi 
cal  and  revolutionary  proceedings  in  other  states,  expunging 
the  Supreme  Court  from  our  system  by  depriving  it  of  the 
great  power  for  which  it  was  created,  of  expounding  the  con 
stitution.  If  that  be  done,  we  can  have  in  fact  no  unity  of 
government  or  fundamental  law,  but  just  as  many  ever-vary 
ing  constitutions  as  passion,  prejudice,  and  local  interests  may 
from  time  to  time  prescribe  in  the  thirty-one  states  of  the 
Union. 

I  have  endeavored  heretofore  faintly  to  foreshadow  the 
wonderful  prosperity,  which  would  follow  at  once  in  Kansas 
the  peaceful  and  final  settlement  of  this  question.  But,  if  it 


GOVERNOR  WALKER'S  INAUGURAL  ADDRESS.       34  r 

should  be  in  the  power  of  agitators  to  prevent  such  a  result, 
nothing  but  ruin  will  pervade  our  territory.  Confidence  will 
expire,  and  law  and  order  will  be  subverted.  Anarchy  and 
civil  war  will  be  reinaugurated  among  us.  All  property  will 
greatly  depreciate  in  value.  Even  the  best  forms  will  become 
almost  worthless.  Our  towns  and  cities  will  sink  into  decay. 
Emigration  into  our  territory  will  cease.  A  mournful  train  of 
returning  settlers,  with  ruined  hopes  and  blasted  fortunes, 
will  leave  our  borders.  All  who  have  purchased  property  at 
present  prices  will  be  sacrificed,  and  Kansas  will  be  marked  by 
universal  ruin  and  desolation.  .. 

Nor  will  the  mischief  be  arrested  here.  It  will  extend  into  I 
every  other  state.  Despots  will  exult  over  the  failure  here  of  ' 
the  great  principles  of  self-government,  and  the  approaching 
downfall  of  our  confederacy.  The  pillars  of  the  Union  will 
rock  upon  their  base,  and  we  may  close  the  next  presidential 
conflict  amid  the  scattered  fragments  of  the  constitution  of  our 
once  happy  and  united  people.  The  banner  of  the  stars  and 
stripes,  the  emblem  of  our  country's  glory,  will  be  rent  by 
contending  factions.  We  shall  no  longer  have  a  country. 
The  friends  of  human  liberty  in  other  realms  will  shrink  des 
pairing  from  the  conflict.  Despotic  power  will  resume  its 
sway  throughout  the  world,  and  man  will  have  tried  in  vain 
the  last  experiment  of  self-government.  The  architects  of  our 
country's  ruin,  the  assassins  of  her  peace  and  prosperity,  will 
share  the  same  common  ruin  of  all  our  race.  They  will  meet, 
whilst  living,  the  .bitter  curses  of  a  ruined  people,  whilst 
history  will  record  as  their  only  epitaph :  These  were  the  de 
stroyers  of  the  American  Union,  of  the  liberties  of  their  country 
and  of  the  world. 

But  I  do  not  despair  of  the  republic.  My  hope  is  in  the 
patriotism  and  intelligence  of  the  people;  in  their  love  of 
country,  of  liberty,  and  of  the  Union.  Especially  is  my  con 
fidence  unbounded  in  the  hardy  pioneers  and  settlers  of  the 
west.  It  was  such  settlers  of  a  new  state  devoted  to  the 
constitution  and  the  Union,  whom  I  long  represented  in  the 
Senate  of  the  United  States,  and  whose  rights  and  interests  it 
was  my  pride  and  pleasure  there,  as  well  as  in  the  treasury 
department,  to  protect  and  advocate.  It  was  men  like  these 
whose  rifles  drove  back  the  invader  from  the  plains  of  Orleans, 
and  planted  the  stars  and  stripes  upon  the  victorious  field  of 
Mexico.  These  are  the  men  whom  gold  cannot  corrupt  nor 
foes  intimidate.  From  their  towns  and  villages,  from  their 


348  HISTORY  OF  KANSAS. 

farms  and  cottages,  spread  over  the  beautiful  prairies  of  Kansas, 
they  will  come  forward  now  in  defence  of  the  constitution  and 
the  Union.  These  are  the  glorious  legacy  they  received  from 
our  fathers,  and  they  will  transmit  to  their  children  the  price 
less  heritage.  Before  the  peaceful  power  of  their  suffrage  this 
dangerous  sectional  agitation  will  disappear,  and  peace  and 
prosperity  once  more  reign  throughout  our  borders.  In  the 
hearts  of  this  noble  bstod  of  patriotic  settlers  the  love  of  their 
country  and  of  the  Union  is  inextinguishable.  It  leaves  them 
not  in  death,  but  follows  them  into  that  higher  realm,  where, 
with  Washington  and  Franklin,  and  their  noble  compatriots, 
they  look  down  with  undying  affection  upon  their  country,  and 
offer  up  their  fervent  prayers  that  the  Union  and  the  consti 
tution  may  be  perpetual.  For  recollect,  my  fellow-citizens, 
that  it  is  the  constitution  that  makes  the  Union,  and  unless 
that  immortal  instrument,  bearing  the  name  of  the  Father  of 
his  Country,  shall  be  maintained  entire  in  all  its  wise  provi 
sions  and  sacred  guarantees,  our  free  institutions  must  perish. 
My  reliance  also  is  unshaken  upon  the  same  overruling 
Providence  which  has  carried  us  triumphantly  through  so 
many  perils  and  conflicts,  which  has  lifted  us  to  a  height  of 
power  and  prosperity  unexampled  in  history,  and,  if  we  shall 
maintain  the  constitution  and  the  Union,  points  us  to  a  future 
more  glorious  and  sublime  than  mind  can  conceive  or  pen 
describe.  The  march  of  our  country's  destiny,  like  that  of 
His  first  chosen  people,  is  marked  by  the  foot-prints  of  the 
steps  of  God.  The  constitution  and  the  Union  are  "  the  cloud 
by  day,  and  the  pillar  of  fire  by  night,"  which  will  carry  us 
safely  under  his  guidance,  through  the  wilderness  and  bitter 
waters,  into  the  promised  and  ever-extending  fields  of  our 
country's  glory.  It  is  His  hand  which  beckons  us  onward  in 
the  pathway  of  peaceful  progress  and  expansion,  of  power 
and  renown,  until  our  continent,  in  the  distant  future,  shall 
be  covered  by  the  folds  of  the  American  banner,  and,  instructed 
by  our  example,  all  the  nations  of  the  world,  through  many 
trials  and  sacrifices,  shall  establish  the  great  principles  of  our 
constitutional  confederacy  of  free  and  sovereign  states. 

R.  J.  WALKER. 


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